TARUN KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties. Assailing the judgment and order dated 4th April, 2012 passed in writ petition No. 4027(W) of 2012, this appeal has been preferred.

(2.) Learned Trial Judge did not quash the impugned order dated 18th January, 2012 passed by the Vice-Chairman, Ranaghat Municipality asking the writ petitioner to close Cold Storage for ice cream and not to run the powerful machine installed for Cold Storage but simply directed that opportunity of hearing should be given on that issue by the Municipal Authority and till a reasoned decision is taken the writ petitioner would not be entitled to run the Cold Storage Plant in the concerned premises. The appellant being the writ petitioner assailed the order of Vice-Chairman, Ranaghat Municipality dated 18th January, 2012, which reads such:

(3.) Private respondent who was the complainant on issue of running of the Cold Storage for ice cream also participated in the hearing before the learned Trial Judge and filed respective affidavits. A very short question is involved before us as to whether the Vice-Chairman, Ranaghat Municipality had the power to pass impugned order in writ petition or whether the Chairman without adjudicating the issue, if any, may direct the Vice-Chairman to take action regarding stoppage of business. We have asked the learned Advocate for the Municipality about the power of the Vice-Chairman by which he issued the impugned order aforesaid. Learned Advocate has referred to section 200 of the West Bengal Municipal Act, 1993 and particularly sub-section (4) of the said section as an answer to that point by contending, inter alia, that Vice-Chairman was duly authorized by the Chairman to take action. Section 200 reads such: