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Calcutta High CourtWPA/1100/2024disposed

Ankit Deb v. State Of West Bengal And ORS.

2024-01-19Hon'Ble Justice Jay Sengupta3 pages

19.01.2024 WPA 1100 of 2024 Ankit Deb -vsThe State of West Bengal & ors.

Mr. Gouranga Kumar Das Mr. Srijib Chakraborty Mr. Chandan Kumar Saha Mr. Dibakar Biswas ...for the petitioner Mr. Amitesh Banerjee Ms. Ipsita Banerjee Mr. Tarak Karan Mr. Rudrajit Sarkar Mr. Debangsu Dinda ...for the State Mr. Alak Kr. Ghosh Mr. Arijit Dey ...for the KMC Report filed on behalf of the State is taken on record. ssi Ct. 14 Copy of the order dated 17.03.2023 passed by a Coordinate Bench of this Court in WPA 3749 of 2023 is also taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner was going to organize puja of Lord Shri Ram on 22.01.2024 at premises no. 98A, Netaji Subhash Chandra also known as Rishi Aurobinda Park, Police Station- Netajinagar, Kolkata- 700040. A permission was sought from the police authority. However, no response was forthcoming.

Subsequently, it was

submitted on behalf of the State during hearing that another organization, supposedly a political one, had applied for permission on the previous day that is on 02.01.2024 for holding a cricket tournament on 21.01.2024, 22.01.2024 and 23.01.2024 and the said permission was accorded. Whenever any organization belonging to the opposition political dispensation wants to hold a programme, the ruling party would come up with something like this. The Administration is hand in gloves. In the present case, there has been a violation of the direction passed by a Co-ordinate Bench of this Court in WPA 3749 of 2023. The register which is being referred to is only a part of GD entry book. According to that judgment, the highest police authority of the District was to maintain a register for applications made to organize programmes. In any event, to avoid any controversy in this regard, the petitioners are agreeable to hold the puja of Lord Shri Ram at the said venue on the next date i.e. on 24.01.2024.

Learned counsel appearing on behalf of the KMC submits that the property in question does not belong to them.

Learned senior standing counsel representing the State relies on the report and upon instructions, submits that a football tournament is supposed to be held at the venue on 21.01.2024, 22.01.2024 and 23.01.2024 of this month. A prior permission had been sought and granted.. However, there is no information about any other events to

be held on 24th of this month.

It appears that there should be no impediment in holding puja of Lord Shri Ram at the venue and time on 24.01.2024.

Therefore, the petitioners are permitted to do the same on the said date.

The police shall keep a vigil and ensure that no breach of peace takes place.

With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. Parties shall act on a server copy downloaded from the official website of this Court. .

(Jay Sengupta, J.)