Indrajit Gayen Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Indrajit Gayen Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 3, the District Magistrate, North 24 Parganas, to consider the petitioner's notice dated July 30, 2024 after hearing the parties and to pass a speaking and reasoned order within eight weeks from receipt of the order; urgent photostat certified copies of the order to be supplied to the parties upon compliance with necessary formalities.

Issue for consideration

Whether the grill workshop run by private respondent nos. 7 and 8 in the name of Ma Manasa Grill Centre on PWD road-side land directly in front of / adjacent to the petitioner's petrol pump creates an apprehended fire hazard from welding work requiring its removal. +1 more

Ratio / Principle

In view of the petitioner's unanswered notice and representations to the authorities, the Court found that no purpose would be served by keeping the writ petition pending.

Key takeaways

The writ petition was disposed of by directing respondent no. 3, the District Magistrate, North 24 Parganas, to consider the petitioner's notice dated July 30, 2024 after hearing the parties and to pass a speaking and reasoned order within eight weeks from the date of receipt of the order.ratio¶16

Detailed headnote1 paragraphs

Writ petition (WPA 24385 of 2024) disposed of. The petitioner, operator of a petrol pump, complained that private respondent nos. 7 and 8 had set up a grill workshop in the name of 'Ma Manasa Grill Centre' on road-side land of the PWD just in front of his petrol pump, creating an apprehension of a fire incident from welding work, and that the workshop occupied Government (PWD) land. Despite a notice dated July 30, 2024 to the District Magistrate, Executive Engineer-II, PWD and the Assistant Engineer, Basirhat, and further representations, the authorities took no action. Krishna Rao, J. held that no purpose would be served by keeping the writ petition pending and disposed of it by directing respondent no. 3, the District Magistrate, North 24 Parganas, to consider the petitioner's notice dated July 30, 2024 after hearing the parties and to pass a speaking and reasoned order within eight weeks from receipt of the order. Neither the State nor the private respondents appeared; a notice to respondent no. 8 was returned with the endorsement 'addressing un-located'.

S/L 20 08.06.2026 Court. No. 25 suvayan

WPA 24385 of 2024

Sri Indrajit Gayen Vs.

The State of West Bengal & Ors.

Mr. Bikash Chandra Das

…for the petitioner.

None appears on behalf of the State and the private respondents.

In terms of the order dated March 30, 2026, the petitioner has sent the notice to the respondent no. 8 but the same was returned with the endorsement ‘addressing un-located’. Let the postal cover be kept with the record.

The grievance of the petitioner in the present writ application is that the private respondent nos. 7 and 8 have set up a grill workshop for making iron/steel doors, windows, collapsible gates and shutters etc. in the name of Ma Manasa Grill Centre just in front of the petrol pump of the petitioner on the road side land of the PWD.

Learned counsel for the petitioner submits that the petitioner apprehends that due to the welding work there is every apprehension that at any point of time untoward fire incident may occur in the petrol pump of the petitioner which is just adjacent to the workshop of the private respondents. He further submits that the private respondents have set up their workshop in the Government land belongs to the PWD.

Learned counsel appearing for the petitioner further submits that the petitioner has made several representations to the authorities for taking appropriate

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steps for removal of the workshop of the petitioner from the Government land which is also dangerous to the petrol pump of the petitioner but the authorities have not taken any steps.

Considered the submission made learned counsel for the petitioner perused the materials on record, this Court finds that the petitioner has already sent notice to the District Magistrate, Executive Engineer-II, PWD as well as the Assistant Engineer, Basirhat for taking appropriate steps against the private respondent nos. 7 and 8 but in spite of receipt of the said request no action has been taken.

Considering the above, this Court finds that no purpose would be served by keeping the writ petition pending.

Accordingly, the writ petition is disposed of by directing the respondent no. 3, the District Magistrate, North 24 Parganas to consider the notice issued by the petitioner dated July 30, 2024 after hearing the parties and to pass a speaking and reasoned order within a period of eight weeks from the date of receipt of this order.

WPA 24385 of 2024 is disposed of.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Krishna Rao, J.)