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Calcutta High Court · body

2017 DIGILAW 511 (CAL)

Deepak Sharma v. State of West Bengal

2017-05-25

ARINDAM SINHA

body2017
JUDGMENT : Mr. Basu, learned advocate appears on behalf of the petitioners and submits that the private respondents are seeking to convert the entire ground and first floors of premises no.317, G.T. Road, Howrah as space to be used for commercial purpose of running a guest house. He relies on annexure ‘P-1’ to the writ petition to show that the occupancy certificate issued by Bally Municipality states that only portion of the ground floor is used as commercial. 2. Mr. Sharma, learned advocate appears on behalf of the private respondents and submits that the entire portion of his clients’ allocation in the ground and first floors are road facing and do not have any access for the residents side of the premises. There is no impediment for his clients to use the same for commercial purpose and his clients have duly obtained licences to that effect. 3. The Municipality is unrepresented even though service by hand had been effected, as appears from the affidavit of service filed. 4. Since the occupancy certificate does not state the areas, claimed by the private respondents to be available to be used commercially, this Court restrains them from doing the same till 16th June, 2017. The petitioners will obtain a copy of this order and serve the same upon the Municipality which is expected to be represented on the adjourned date. The petitioners will file affidavit of service. 5. List this writ petition under the heading “Motion” before the Regular Bench on reopening or as soon thereafter as can be listed.