21.09.2026 sayandeep Sl. No. ML 43 Ct. No. 03 WPA 18687 of 2026 Gita Karmakar Vs. The State of West Bengal & ors. Mr. Biswarup Biswas Mr. Pradip Kumar Ghosh …. for the petitioner Mr. Yushisthir Maity ….. for the State Mr. Sankar Halder …. For the municipality Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Gourav Roy ….. for the respondent Nos. 11 and 12 1. The present writ petition has been filed, inter alia, seeking removal of the padlock from the shop room situated at the ground floor at shop room No. 13, Swami Vivekananda Municipal Shopping Complex (L.M. Ghosh Road) under Krishnanagar Municipality. 2. When the writ petition was taken up for consideration on 20th August, 2026, this Court had directed the municipality to file a short report. Pursuant to the aforesaid direction, the municipality has filed a report. From the aforesaid report, it would transpire that the shop room in question is under the jurisdiction of Krishnanagar municipality being shop No. 13 measuring 8ft.x5ft., situated at Swami Vivekananda Municipal Market. The shop room is the property of Krishnanagar municipality. WPA 18687 of 2026 2 3. The said shop room was originally allotted on tenancy to Sri Goutam Buddha Saha son of late Ganesh Gobinda Saha the respondent No. 10 and a document was also executed. Subsequently, the said Goutam Buddha Saha submitted a prayer on 6th March, 2025 for transferring his tenancy right and possession in respect of the aforesaid shop room to Smt. Gita Karmakar, the petitioner herein. The said Gita Karmakar also simultaneously submitted an application before the municipality seeking transfer of tenancy of the said shop room in her favour. 4. With the consent of Sri Goutam Buddha Saha and Smt. Gita Karmakar and in terms of the direction issued by the Chairman and the competent municipal authorities, the proposal for transfer of tenancy was processed in accordance with the applicable Rules and an agreement on non-judicial stamp paper was executed on 25th March, 2025 which was also witnessed by Sri Goutam Buddha Saha. In compliance with the prescribed conditions of the agreement, both Goutam Buddha Saha and Smt. Gita Karmakar deposited Rs. 25,000/- each with the municipality on 19th March, 2025. Upon completion of all formalities and satisfaction of the prescribed conditions, the tenancy of the shop room was formally transferred in favour of the Smt. Gita Karmakar. Later on 14th May, 2026, since Goutam Buddha Saha has submitted another representation before the municipality WPA 18687 of 2026 3 alleging that the possession of the shop room had been taken forcibly, the municipality had kept the shop room under lock and key. 5. The learned advocate for the municipality would submit that the municipality is ready and willing to make over possession of the shop room in favour of the petitioner. 6. Sri Goutam Buddha Saha, the private respondent is represented in Court by the learned advocate Mr. Gourav Roy. He would submit that the private respondent has no objection if the possession of the shop room is made over to the petitioner. 7. In the peculiar facts, I am of the view no fruitful purpose will be served in retaining the writ petition on the file. Accordingly, the writ petition is disposed of by directing the municipality to make over the possession of the shop room in favour of the petitioner by removing the padlock on an expeditious basis preferably within two working days from the date of communication of this order. 8. The writ petition is disposed of. (Raja Basu Chowdhury, J.)