CHANDRA SANI HARDS Vs. SAINTHIA MUNICIPALITY

JUDGEMENT

(1.) The petitioner claims to be the proprietor of 'Chandra Sani Hards'. Records reveal that since 1987 the Sainthia Municipality has been issuing the Certificate of Enlistment in the name of the petitioner as the proprietor of the said hardware shop. Records also reveal that as per usual procedure, the petitioner filed an application for renewal of the trade license on September 21, 2020. The Executive Officer of the municipality intimated the petitioner that without a "no objection' from the co-owner or without demarcation of the holding, the renewal of the Certificate of Enlistment could not be done. It is alleged that the respondent no.6, who is the daughter of the Chairman and the daughter-in-law of the erstwhile co-owner raised an objection with regard to the grant of renewal in favour of the petitioner with regard to the shop room and on the basis of the said objection the renewal was rejected. It is further submitted that all along the business has been run by the petitioner. The respondent No. 6 stays in Calcutta.

(2.) Mr. Tanmoy Mukherjee, learned advocate appearing on behalf of the respondent no.6 submits that admittedly, by a deed of gift executed by one Late Bankim Chandra Chandra, the predecessor-in-interest of the respondent no.6 and the petitioner became the joint owners of the entire property which included the shop room and also the business. He refers to the deed of gift.

(3.) Mr. Chowdhury, learned advocate appearing on behalf of the municipality submits that admittedly both the persons are co-owners and the petitioner himself has acknowledged that the respondent no.6 has 50 per cent share in the property in question. The Certificate of Enlistment cannot be granted in the name of the petitioner in view of the objection raised by the respondent no.6.