02.04.2025 Sl. No. 04 Ct No. 3 SG WPA 3217 of 2025 with CAN 1 of 2025 M/s. Joy Kali Oil Mill and Company & Anr. Vs The Barrackpore Municipality & Ors. Mr. Siddhartha Banerjee, Mr. Souradeep Banerjee, Ms. Sanjana Sinha, Mr. S.K. Banerjee. …for the petitioners Mr. Syamal Kr. Das, Ms. Smita Pal, Mr. Krishan Yadav, …for Municipality 1. The present writ petition has been filed alleging non-compliance of the order dated 10.05.2023 passed by this Court in W.P.A. 313 of 2023 whereby the respondent authorities have failed to renew the trade licence of the petitioner. 2. Learned Counsel for the petitioner submits that in pursuance of the order dated 10.05.2023 passed by this Court in W.P.A. 313 of 2023 the respondent has held hearing on 18.12.2024, however, till date his trade licence has not been renewed neither any decision has been taken on the same. 3. Learned Counsel for the respondent takes preliminary objection that the present writ petition is not maintainable since the petitioner has preferred the 2 present writ petition on the self-same cause of action which was in the earlier round of litigation in W.P.A. 313 of 2023. It is contended by the respondent authority that they are taking steps in pursuance of the directions passed by this Court in the earlier writ petition. Learned Counsel for the respondent states that the present writ petition is barred by res judicata and the same shall be dismissed. 4. Petitioner has relied on the judgment rendered by this Court in Bibekananda Mondal vs. State of West Bengal reported as (2003) 1 CHN 154 wherein the petitioner states that the Court has held it is a settled law that the second writ petition is maintainable for implementation of a earlier order of this Court. He further submits that Court must issue proper direction for the implementation of its previous directions and that wherever the order has been issued by the Bench, the same shall be complied. He further states that an act done in willful disobedience of a court order is not only contempt, but, also, an illegal and invalid act. The language used in Article 226 of the Constitution of India is couched in comprehensive phraseology and the said Article recognizes a wider power of the High Court to remedy justice wherever it is found. 5. This Court, by order dated 10.05.2023, directed the respondent municipality, relying on the order 3 passed by the learned Civil Judge, wherein the defendant was restrained from withholding the renewal of the petitioner’s trade license. Accordingly, the municipality was directed to take steps to issue the trade license in favor of the partnership firm M/s. Joy Kali Oil Mill and Company and M/s. Joykali Bhandar. The Court further directed the respondent municipality to take steps for the issuance of the trade license within four weeks from the date of communication of the order 6. Learned Counsel for the petitioner states that despite clear directions being given by this Court they have been made to attempt hearings and till date no order has been passed even after a lapse of so many months and in complete disregard of the directions passed by this Court in the earlier round of litigation. 7. This Court takes strong objection to the fact that despite clear directions being passed by this Court vide order dated 10.05.2023, the respondents are dragging their feet and are delaying the proceedings. 8. Learned Counsel for the respondent- municipality states that they shall pass a speaking order and comply with the directions of this Court within a period of one week. 9. In the said submission, the present writ petition is disposed of directing the respondent to 4 comply with the earlier round of directions passed by this Court in W.P.A. 313 of 2023 vide order dated 10.05.2023 within a period of one week from the date of communication of this order. 10. With the above direction, the present writ petition is disposed of. 11. Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted. 12. There shall be no order as to costs. 13. Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Gaurang Kanth, J.)