KOUSHIK CHAKRABORTY v. STATE OF WEST BENGAL AND ORS.
WPA/21951/2026 · 2026-09-23
Raja Basu Chowdhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 43177 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 43177 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
15 23.09.2026 sb
Ct.3.
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
WPA 21951 of 2026
Koushik Chakraborty Versus The State of West Bengal & Ors.
Mr. Abhishek Halder
Ms.Madhurima Basu
Mr. Debabrata Halder
Ms. Pritha Chatterjee
… For the petitioner.
Mr. Anindya Basu
Ms. Oisani Mukherjee
… For the State.
Mr. Arijit Sarkar
… For the municipality.
1. Affidavit of service filed in Court is taken on record.
2. The petitioner is aggrieved with the purported rejection of the petitioner’s trade licence by the communication/order dated 17th July, 2025, appearing at page 85 of the writ petition.
3. Learned advocate for the petitioner would submit that the petitioner has been carrying on the business under the name and style of Chat Poot as the street food parlour from premises no. 2, Old Court Lane, Serampore, Hooghly. All on a sudden, the municipal authorities without any rhyme or reason has cancelled the same.
4. Mr. Bose, learned advocate appears on behalf of the State.
5. Mr. Sarkar, learned advocate appearing for the municipality would submit that the municipality
2 WPA 21951 of 2026
proceeding on an incorrect premise that the petitioner has vacated the portion from where the petitioner was carrying on business had cancelled the licence. However, since, now it appears that the petitioner is interested to continue his business, if an appropriate application is made, the municipality shall consider the same.
6. Having heard the learned advocates appearing for the respective parties and considered the materials on record and also noting that an objection by the landlord cannot stand in the way of the municipality granting a trade licence unless the relationship between the petitioner and the landlord has been finally determined by way of eviction decree, I am of the view that the municipality must consider the application, if the same is filed by the petitioner. The decision must be taken within a period of five working days from the date when the same is filed.
7. With the above observations and directions, the writ petition is disposed of.
Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities.
(Raja Basu Chowdhury, J.)