Hasina Laskar Vs. the State of West Bengal and ors.

Hasina Laskar vs The State of West Bengal and ors.

Type Court Judgment Court Kolkata Decided Sep 15, 2010

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Citation: sooperkanoon.com/906327
Court: Kolkata High Court
Judge: Indira Banerjee, J.
Decided On: Sep 15, 2010
Case Number: WP No. 1143 of 2010
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Hasina Laskar

Advocate Mr.R.Agarwal ; MR.R.Dhara, Advs.

Respondent

The State of West Bengal and ors.

Advocate Mr.A.K.Deb ; Mr.Dipak Das, Advs.

Excerpt

the court : in this writ petition, the petitioner has challenged an order being memo no.874/sc/fs/fp shop/brp/10 dated 16th august, 2010, the contents whereof are extracted herein below:- as per resolution of all political party meeting held in the chamber of s.d.o.baruipur on 18.06.2010 and at the meeting hall of kultali panchayet samity on 11.08.2010, you are directed to shift the fair price shop from ambikanagar to the old place of kundakhali for public interest within three weeks from the date of receipt of this letter. no reasons have been disclosed for the decision to direct the petitioner to shift his fair price shop. the petitioner has apparently been directed to shift the fair price shop as per a resolution taken at a meeting of all political parties held in the chamber of the sub-divisional officer at baruipur on 18th june, 2010. an all party resolution, cannot be a ground for directing the shifting of a fair price shop. there is not a whisper of how public interest will be better served by shifting the fair price shop. the impugned order is ex facie unsustainable. the impugned order is thus set aside and quashed. affidavits having not been called for, the allegations in the writ petition shall be deemed not to have been admitted. all parties are to act on a signed photostat copy of this order on the usual undertakings.

Full Judgment

The Court : In this writ petition, the petitioner has challenged an order being Memo No.874/SC/FS/FP Shop/BRP/10 dated 16th August, 2010, the contents whereof are extracted herein below:- As per resolution of all political party meeting held in the Chamber of S.D.O.Baruipur on 18.06.2010 and at the meeting hall of Kultali Panchayet Samity on 11.08.2010, you are directed to shift the fair price shop from Ambikanagar to the old place of Kundakhali for public interest within three weeks from the date of receipt of this letter.

No reasons have been disclosed for the decision to direct the petitioner to shift his fair price shop. The petitioner has apparently been directed to shift the fair price shop as per a resolution taken at a meeting of all political parties held in the chamber of the Sub-Divisional Officer at Baruipur on 18th June, 2010.

An all party resolution, cannot be a ground for directing the shifting of a fair price shop. There is not a whisper of how public interest will be better served by shifting the fair price shop. The impugned order is ex facie unsustainable. The impugned order is thus set aside and quashed.

Affidavits having not been called for, the allegations in the writ petition shall be deemed not to have been admitted.

All parties are to act on a signed Photostat copy of this order on the usual undertakings.

Same Court & Year Kolkata · 2010 Same Parties Hasina Laskar vs The State of West Bengal and ors. Same Subject Criminal Same Judge Indira Banerjee, J.