Smt. Minu Saha v. The State Of West Bengal & Ors.

Debangsu Basak, J.:— The petitioner impugns a notice dated February 3, 2014 directing stoppage of portion of a guesthouse belonging to the petitioner.

2. The learned advocate for the petitioner submits that, two grounds have been cited in the impugned notice for the purpose of stopping the business of a guesthouse run by the petitioner. The first ground is that, the land is not recorded as a lodge in the West Bengal Land Reforms Act, 1955. She submits that the land is recorded as Bastu in the record of rights. The petitioner had obtained a sanctioned building plan from the concerned municipality and has built the guesthouse concerned.

3. So far as the second ground is concerned, that is the Sarais Act 1867, she refers to section 3 thereof and submits that, it is for the District Magistrate concerned to give notice. The petitioner was not given any notice under section 3 of such Act. Therefore, the authorities cannot invoke the provisions of such Act so far as the petitioner is concerned.

4. The State authorities are represented.

5. It appears that the petitioner is running a guesthouse at a particular plot. The plot concerned appears in the record of rights as Bastu. The petitioner has obtained permission from the concerned municipality to build the premises concerned. It is not the case of the authorities that, the building is not in accordance with the sanctioned building plan. The authorities complain that the land is not recorded as a lodge under the provisions of the West Bengal Land Reforms Act, 1955. The land in question being recorded as Bastu, a person can carry on business of a guesthouse on such land.

6. So far as the Sarais Act, 1867 is concerned, section 3 thereof requires the concerned District Magistrate to issue a notice. In the instant case, no record has been placed to suggest that the notice impugned was issued to the petitioner and that the petitioner has not complied therewith.

7. In such circumstances, the impugned notice dated February 3, 2014 is set aside.

8. W.P 3983 (W) OF 2014 is disposed of without any order as to costs.

9. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.