Debasis Bosu vs The Kolkata Municipal Corporation & Ors.

None appears on behalf of the respondent no.4, in spite of service of copy of this writ petition upon him. No accommodation is prayed for on his behalf when the matter is called on.

Let the affidavit-of-service file in Court today by the learned Advocate for the petitioner be kept on record.

This writ application is filed by the petitioner challenging issuance of a certificate of enlistment in favour of the respondent no.4 for running a business under the name and style as "M/s. Arrow Enterprise" at premises No. 68, Sarat Bose Road, Kolkata - 700 020.

According to the petitioner, he is the owner and occupier of the premises in question as also the business under reference has been running at his instance or in other words, the respondent no.4 is a stranger and the name of the certificate of enlistment holder was in the name of the petitioner in the year 2014. But subsequently it was changed in favour of the respondent no.4 behind his back.

A demand for justice dated April 24, 2015 submitted by him to the respondent no.2 in this regard through his learned Advocate is still pending.

I direct the competent authority of the respondent Municipal Corporation to dispose of the above demand for justice of the petitioner (Annexure - P/7 at page 46 to this writ petition) by passing a reasoned order in accordance with law within a period of six weeks from the date of communication of this order after giving an opportunity of hearing to the petitioner and the respondent no.4 as also to communicate such order to all concerned within a period of fortnight thereof.

Accordingly, this writ petition stands disposed of.

There will be, however, no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.