ABU HUSSAIN QUERASHI Vs. PURULIA MUNICIPALITY

JUDGEMENT

(1.) Affidavit of service filed in court today be kept with the records. By consent of the parties the appeal and the application are taken up for hearing together. A judgement and order dated January 18, 2023, whereby the writ petition of the appellants being WPA 28245 of 2022 was dismissed, is the subject matter of challenge in this appeal.

(2.) The appellants/writ petitioners are seven goomty holders within the territorial limits of Purulia Municipality. They say that they were granted license by the Municipality and accordingly they carry on business from such goomties. Although the license period has expired, the Municipality has continued to accept goomty rent from them. Being aggrieved by a letter dated December 8, 2022, addressed by the Chairman of Purulia Municipality to the Superintendent of Police, Purulia, for deployment of requisite police personnel for removal of the seven goomties, the appellants approached the learned Single Judge. It appears that on an earlier occasion, the private respondent herein had approached this Court by filing WPA 120 of 2022, alleging inaction on the part of the Purulia Municipality in removing the goomties of the appellants which, according to the private respondent herein, are illegal. In that writ petition, the learned Single Judge took on record a report of the concerned Block Land & Land Reforms Officer to the effect that by reason of construction of the said goomties, the public road has narrowed down causing hindrance to movement of heavy vehicles. The learned Judge directed necessary steps to be taken after giving an opportunity of hearing to the goomty holders.

(3.) The appeal preferred against such order by the appellants herein being MAT 1654 of 2022 was disposed of by this Bench by an order dated December 13, 2022, recording as follows:-