08.01.2026 Ct. 3 Item No. AD 1 sayandeep WPA 11161 of 2025 Hooghly F.L. (off) Shop & anr. Versus The State of West Bengal & Ors. Mr. Kanishk Sinha Ms. Lipika Das Mr. Dipankar Ray ….. for the petitioners Mr. Ranjan Saha Mr. Subhasdish Banerjee …. For the State Mr. Ansuman Bera Mr. Subrata Bhattacharjee ….. for the respondent No. 4 Mr. Tapas Kumar Ghosh Mr. Tanmay Chowdhury … for the respondent Nos. 2,3 1. The matter pertains to removal of an illegal gumti in front of the petitioners’ premises which has already been declared illegal by the municipal authorities vide notice dated 26th April, 2023. It appears that the private respondent was selling grocery items from the aforesaid gumti. Admittedly, the gumti has been illegally constructed. Be that as it may, the petitioners upon ascertaining that the private respondent earns his livelihood from the aforesaid shop had constructed a mobile wooden vending cart and has volunteered to make over the same to the private respondent free of cost. WPA 11161 of 2025 2 2. The learned advocate for the private respondent would submit though there is no difficulty for the private respondent in accepting such cart, however, since the cart does not have adequate number of racks , the same may not be a viable alternative. 3. Having heard the learned advocates appearing for the respective parties, I am of the view, since the petitioners have already volunteered to make over a mobile vending cart, the private respondent may accept the same free of cost, and may continue to carry on his business from the same location, especially when the private respondent cannot be permitted to carry on business from an illegally constructed shack/gumti. 4. The municipal authorities, however, must ensure the removal of the illegally constructed gumti which is in front of the petitioners’ shop situated at Hooghly Station Road, Ward No. 15, P.S. Chinsurah, Hooghly. After the aforesaid order is passed, since the advocate for the private respondent would submit that the private respondent is ready and willing to accept the mobile vending cart, let the same be made over in course of the day against a proper receipt. The municipality shall duly authorise the use of such mobile vending cart at the location where the shack/gumti is now located and in and around the said area. WPA 11161 of 2025 3 5. Liberty should be granted to the private respondent to remove the aforesaid gumti at his own cost by tomorrow. Failing which, the municipal authorities shall remove the same by the end of this week. 6. With the above observations and directions, the writ petition is disposed of. 7. All parties shall act on the basis of server copy of this order duly downloaded from the Official Website of this Court. (Raja Basu Chowdhury, J.)