Sanjoy Saha v. The State Of West Bengal & Ors.

Tapabrata Chakraborty, J.:— Affidavit-of-service filed by the petitioner be kept on record. The subject matter of challenge in the writ petition is an order dated 28August, 2018 passed by the respondent no. 5 and the purported directives incorporated in the register of Banaful Lodge vide endorsement dated 9 September, 2018.

2. Mr. Basu, learned advocate appearing for the petitioner submits that the impugned order dated 28August, 2018 suffers from a jurisdictional error inasmuch as the respondent no. 5 has no authority to decide the dispute pertaining to grant of license in terms of the provisions of the Sarais Act, 1867 (in short, the said Act). The certificate of enlistment pertaining to Banaful Lodge stands in the name of the petitioner and though the initial notice issued by the respondent no. 4 on 12 July, 2018 was restricted to a complaint pertaining to Section 6 of the said Act of 1867, the said respondent had proceeded beyond the zone of consideration while passing the impugned order.

3. Mr. Sen, learned advocate appearing for the State respondents submits that the petitioner failed to produce the appropriate documents towards registration or renewal of such registration under the said Act of 1867 and there is no infirmity in the decision making process.

4. The learned advocate appearing for the private respondent submits that the said respondent is one of the partners of the Banaful Lodge and there is a dispute pertaining to such partnership and the ownership of the concerned land and that no certificate of character as referred to in Section 6 of the said Act of 1867 has been produced by the petitioner.

5. Records reveal that by the order dated 14 August, 2018 the respondent no. 5 arrived at a finding that the petitioner had not been able to produce the requisite documents towards renewal of Sarai registration and that unless the said documents are produced the license cannot remain in force. After issuance of the order impugned, the petitioner himself by a letter dated 10 September, 2018 requested the respondent no. 4 to allow him some time for submitting all the relevant required documents needed for renewal of Sarai registration.

6. In the said conspectus, the interim order, as prayed for, is refused. However, all the issues raised in the writ petition need to be considered upon inviting affidavits. Accordingly, the respondents are directed to file their affidavits-in-opposition within one week after the puja vacation. Reply thereto, if any, be filed within two weeks thereafter.

7. The parties would be at liberty to mention the matter for final hearing after expiry of the period as specified above towards exchange of affidavits.

8. Urgent photostat certified copy of this order be supplied to the parties on compliance of all formalities.