Extracted from the PDF above. The PDF is authoritative.
06.08.2026 Ct. 3 Item No.
AD 1 Saswata
WPA 5317 of 2026
Rahul Chatterjee Versus The State of West Bengal & Ors. Mr. Anirban Ray, Sr. Adv. Mr. Subir Banerjee Mr. Debraj Saha Mr. A.K. Acharyya Ms. Deblina Chakraborty …For the petitioner Mr. Sukanta Ghosh Mr. Arghya Chatterjee …For the State Mr. Dipak Kumar Mukherjee Mr. Rajib Mukherjee Ms. Shreyasi Bhaduri …For the Municipality Mr. Kaushik Dey Mr. Debdipto Banerjee …For the private respondents
1. Challenging the orders dated 13th August 2025 and 20th January 2026 as regards the cancelation and / or revocation of the certificate of enlistment of the petitioner as appearing in annexures P-9 and P-16 of the writ petition, the above writ petition was filed. 2. In course of hearing on 30th July 2026 Mr. Dey, learned advocate appearing for the private respondents by drawing attention of this Court to page 107 of the writ petition had pointed out that since, there was a valid permanent certificate of enlistment issued in favour of the petitioner which is subsisting till 23rd February 2029, the petitioner cannot possibly have a cause to approach this Court. According to him, it is for the private respondents to seek cancellation of this particular document and an
2WPA 5317 of 2026 objection has already been raised by the private respondents which is now pending with the municipality. 3. On the said date, since the learned advocate for the municipality was not having detailed instructions, this Court by the order dated 30th July 2026 had directed the municipality to file a short report as regards the claim made by Mr. Dey, as to whether the document appearing at page 107 of the writ petition captioned as “Permanent Certificate of Enlistment” constitutes valid certificate of enlistment which is in force till 23rd February 2029. 4. Pursuant to the aforesaid direction, the municipality has filed a report dated 3rd August 2026 and has stated that the document appearing at page 107 of the writ petition forming annexure P-17 is valid till 23rd February 2029. It is still further stated in the above report that the writ petitioner had obtained another certificate of enlistment bearing Certificate No. 0917P156826466978 under the name of style of Haluaji’s, O’ Alibaba Live Kitchen at 58 and 58/1, New G.T.Road, Uttarpara, Ward no. 17, Hooghly and the same is valid till 17th April 2027.
Photocopy of the aforesaid certificate of enlistment has also been enclosed to the said report. 5. Let a copy of the aforesaid report duly countersigned by the Executive Engineer, Uttarpara Kotrung Municipality on 3rd August 2026 be taken on record. 6. Mr. Dey, learned advocate appearing for the private respondents would submit that he should be given an opportunity to take an exception to the above report especially when a challenge filed by the private respondents is pending before the municipal authorities. Further
3 WPA 5317 of 2026 according to Mr. Dey, the municipality is under an obligation to decide on the private respondents’ objection. 7. Having heard the learned advocates appearing for the respective parties, I find though Mr. Dey submits that the municipal authorities are bound to consider the private respondents’ objection as regards grant of certificate of enlistment, however, noting that the private respondents had not approached this Court by filing any writ petition, I am not inclined to grant any relief to the private respondents in this writ petition. I am of the view that if, the private respondents are interested to question such document, they may do it in accordance with law. For the same, no liberty is necessary from this Court. 8. This Court, as such, without deciding on the question as to whether the private respondents are at all entitled to object to the grant of certificate of enlistment, disposes of the writ petition by recording that in terms of the report filed by the municipality on 3rd August 2026 there are two subsisting licenses issued in favour of the petitioner. Particulars whereof have been disclosed hereinabove. 9. Accordingly, nothing survives in the aforesaid matter and the writ petition is disposed. 10. All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)