JUDGMENT : 1. Mr. Bose contends on the basis of interpretation of Sections 2, 6 and 9 of the Sarai Act, 1867 that the power to shut down a Sarai is vested only with the District Magistrate. This argument could not be controveted by the respondents. 2. The impugned order in the writ was passed by the Deputy Magistrate, Malda. 3. Furthermore, we find from the records that the petitioner was asked to produce the documents to show that the Sarai was being run legally, e.g. no objection certificate, trade licence, renewal of registration certificate etc. This in our opinion the competent authority under the said Act is entitled to do. The petitioner could not produce those documents. 4. After having heard learned counsel for the parties, we feel that the impugned order should be set aside. We order accordingly. A fresh order be passed by the District Magistrate of the district, as to whether the Sarai is to be run, on consideration of the relevant documents, after giving a hearing to the parties and by passing a reasoned order within three weeks of communication of this order. 5. We make it clear that status quo as on this day will be maintained for the period to be taken by the District Magistrate to pronounce the decision. 6. The fate of the Sarai will abide by the decision to be taken by the District Magistrate. 7. The appeal, M.A.T. 1398 of 2018 along with the stay application, CAN 8756 of 2018 and the writ application (W P No. 18687(W) of 2018) stand disposed of by this order. 8. Liberty to apply for implementation of this order.