Swapan Mahato And ORS. v. The State Of West Bengal And ORS.

20.02.2025 Item No.27 RP/SG Ct. No.01 WPA(P) 7 OF 2025 Swapan Mahato & Ors.

VS.

The State of West Bengal & Ors.

Mr. Rameshnar Sinha ....For Petitioners Mr. Anirban Ray, G.P.

Mr. Nilotpal Chatterjee Mr. Debraj Sahu ....For State

1. By filing this Public Interest Litigation the petitioner seeks for a direction for shifting of the cremation ground.

2. As rightly pointed out by the learned counsel for the State that land in question where the cremation ground being situated is classified for such purpose. If that be so, the question of shifting of the cremation ground to any other locality will not arise.

3. Learned counsel appearing for the petitioners submits that there are schools, houses, etc. around the cremation ground. When the court posed a question as to whether the cremation ground was in existence earlier before the school was established. The answer to the question is that the cremation ground was in existence earlier. If that be so, the prayer for shifting the cremation ground does not arise.

4. Hence, the writ petition stands dismissed. (T.S. SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.)