CAR-FIL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner Nos. 2 to 4 are' the partners. and the petitioner No. 1 is the partnership firm under the name and style "car-Fil" situated at 170, Sarat bose Road, Calcutta dealing as an agent of M|s. Burma Shell Oil Storage and distributing Co. of India Ltd. The petitioners' grievance inter alia, was- that the District Conservancy Department, district No. IV of the Corporation of calcutta, without complying with the provisions of section 423 (1) of the Calcutta Municipal Act, 1951, straight away purported to take action under the provisions of section 426 (a) of the said Act and thereby on the basis of the inspection assessed removal charges of the domestic refuse from the petitioner's" petrol pump at the rate of Rs. 300]- per month.

(2.) MR. Dilip Bose, learned Advocate, appearing with Bhudeb Bhattacharya, submitted that the Corporation of Calcutta, certainly has the power to impose such levy for removal of the refuse, if. actually there is any such refuge, but before that, it is incumbent upon the corporation to see that the petitioners have been given liberty to remove the same: and in case the petitioners fail to discharge their obligations and then and then 'only the power under section 426 (a)could be exercised by the Corporation of Calcutta.

(3.) IN the instant case, the writ petitioners having Trade Licence for running the petrol pump and service Station at premises No. 170, Sarat Bose Road are entitled to carry on business, without any hindrance and disturbance from any quarters, particularly from the Corporation of Calcutta. When a notice under section 426 (b) of the Calcutta Municipal Act 1951, was served upon the petitioners, the petitioners had objected to the said notice against such imposition of special charges for removal of trade refuse in respect of the said petrol pump operated by petitioners in terms of the said section.