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Calcutta High CourtWPA/1341/2024disposed

Shirsendu Banerjee v. State Of West Bengal And ORS.

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

19.01.2024 WPA 1341 of 2024 Shirsendu Banerjee -vsThe State of West Bengal & ors.

Mr. Tarunjyoti Tewari ...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 Leave is granted to add the KMC as a party and to ssi Ct. 14 serve a copy of the writ petition on the learned counsel. Affidavit of service filed on behalf of the petitioner is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioners want to organize a live telecast of the inauguration of Ram Mandir and to perform puja of Lord Shri Ram by constructing a temporary stage at the Shakuntala Park Bus Stand on 22.01.2024. It is further submitted that at the same venue, Durga Puja, Jagadhatri Puja and Viswakarma Puja are held. It is a big bus stop and there is no harm in holding such function there. Learned senior standing counsel representing the State denies the allegations made in the writ petition and submits as follows. In the said bus stand, no Durga Puja or Jagadhatri Puja has been held.

However, a small

Viswakarma puja is held by members of a small auto union who park their vehicles nearby. There is a big park quite near the bus stand about 500 meters away, namely the Sachin Sen Park. There would be no impediment if the petitioners hold the said puja and function there on the particular date and time.

Learned counsel appearing on behalf of the KMC submits that he has been served with a copy of the writ petition today only. If a permission is given for holding such function, all norms of prevailing laws including those regarding sound pollutions shall have to be adhered to. It appears that the bus stop would neither be a convenient place nor a graceful one to hold puja of Lord Shri Ram. The alternative nearby venue suggested by the State is quite acceptable.

Let the petitioners hold the programme of live telecast and puja at the said venue on 22.01.2024 by conforming to all prevailing laws including sound norms.

The police authorities shall keep a sharp vigil at the locale 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.)