Nes Hasimara Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Nes Hasimara Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order of the learned Single Judge set aside; District Magistrate to revisit the renewal application and decide afresh after hearing the relevant parties, communicating his order preferably within four weeks; all issues raised by the parties kept open; M.A.T. 45 of 2025 and connected application disposed of without any order as to costs.

Issue for consideration

Whether the learned Single Judge rightly declined to entertain the writ petition assailing the District Magistrate's order of rejection (refusal to renew the petrol pump licence). +1 more

Court's answer

The impugned order passed by the learned Single Judge is set aside.

Ratio / Principle

The concerned District Magistrate is requested to revisit the application for grant of renewal of the licence in view of the development noted in the order (respondent no.7's undertaking to apply for conversion and its non-objection).

Key takeaways

The District Magistrate will take a decision after affording an opportunity of hearing to the relevant parties.ratio¶13
The District Magistrate is to communicate his order preferably within four weeks from the date of communication of the order to him.ratio¶13
All issues raised by the parties are kept open.ratio

Detailed headnote1 paragraphs

Calcutta High Court, Appellate Side (Circuit Bench at Jalpaiguri) (Debangsu Basak and Md. Shabbar Rashidi, JJ.), 21.11.2025 — M.A.T. 45 of 2025 (CAN/1/2025) arising out of WPA 1317 of 2024: The Single Judge had declined to entertain the appellant's writ petition against the District Magistrate's refusal (order dated July 6, 2022) to renew the motor spirit, high spirit diesel licence for a petrol pump on 4 plots leased by respondent no.7 to an entity whose assets and liabilities were taken over by BPCL, which had licensed the appellant to run the pump; refusal was on grounds of no objection from land owner, absence of rent receipt and absence of valid trade enlistment certificate. During the appeal, the District Magistrate directed the BL&LRO to invoke Section 4(4) of the Land Reforms Act, 1956 for want of an application for conversion of land. Respondent no.7 then undertook to apply for conversion of land with the BL & LRO and stated it did not object to the appellant running the petrol pump and obtaining the requisite licence. Held: impugned order set aside; District Magistrate requested to revisit the renewal application in view of this development, decide after affording hearing to relevant parties, and communicate the order preferably within four weeks; all issues kept open; appeal disposed of without costs.

21.11.2025

Item No.9 Court No.1 CHC

Calcutta High Court

In the Circuit Bench at Jalpaiguri Appellate Side

M.A.T. 45 of 2025 IA NO: CAN/1/2025

in

WPA 1317 of 2024

Nes Hasimara of Chhekamari (Rangalibazna) Vs.

The State of West Bengal & ors.

Mr. Kunaljit Bhattacharya, Advocate

Mr. Satyam Sarkar, Advocate

Mr. Alok Sah, Advocate

…for the appellant

Mr. Subir Kumar Saha, Ld. A.G.P.

Mr. Kumar Shantanu, Advocate

…for the State

Mr. Bikramaditya Ghosh, Advocate

…for the BPCL

Mr. Deborshi Dhar, Advocate

…for the respondent no.7

Appeal is directed against the order dated April

29, 2025 passed in WPA 1317 of 2024.

By the impugned order, learned Single Judge, declined to entertain a writ petition assailing an order of rejection of the District Magistrate.

Respondent no.7 granted lease of 4 plots of land to a particular entity. Assets and liabilities of such entity was taken over by Bharat Petroleum

Corporation Limited (BPCL). Lease between the respondent no.7 and BPCL relates to running a petrol pump.

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BPCL granted licence to the appellant to run a petrol pump on the same plots.

Appellant applied for renewal of the motor spirit, high spirit diesel licence for running a petrol pump at the same land. Sanctioning authority is the District Magistrate.

Initially, the sanctioning authority refused to grant such sanction. A writ petition was filed being WPA 750 of 2022 which was disposed of by requiring sanctioning authority to consider the issue.

By an order dated July 6, 2022, the sanctioning authority refused to grant renewal on the grounds of no objection from land owner, absence of rent receipt and absence of a valid trade enlistment certificate.

Writ petition assailing such order was dismissed by the impugned order.

During the pendency of the appeal, District Magistrate directed the concerned Block Land and Land Reforms Officer to invoke the provisions of Section 4(4) of the Land Reforms Act, 1956, in view of the fact that, there was no application for conversion of land.

Today, learned advocate for the respondent no.7 submits on the basis of written instruction that, the respondent no.7 will apply for conversion of land with the BL & LRO and that,

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the respondent no.7 does not object to the appellant, running petrol pump and obtaining a requisite licence from the District Magistrate.

In such circumstances, the impugned order passed by the learned Single Judge is set aside.

Concerned District Magistrate is requested to revisit the application for grant of renewal of the licence in view of the development noted in this order.

District Magistrate will take a decision, after affording an opportunity of hearing to the relevant parties. He will communicate his order, preferably within four weeks from the date of communication of the order to him.

M.A.T. 45 of 2025 along with connected application is disposed of without any order as to costs.

Needless to say that, all issues raised by the parties shall kept open.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)