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Calcutta High CourtWPA/2124/2024disposed

No 2 Moukhali Puraton Jame Masjid v. State Of West Bengal And ORS.

2024-11-21Hon'Ble Justice Tirthankar Ghosh3 pages

D/L79 21.11.2024 Bpg.

ct.no.35 W.P.A.2124 of 2024 No.2 Moukhali Puraton Jame Masjid, represented by its Secretary, Jakir Hossain Khan

Versus

State of West Bengal & Ors.

Mr. Prasad Bhattacharyya.

...for the petitioner.

Mr. Suman Ghosh Mr. Sankha Prasad Roy.

...for the State-respondents.

Mr. Atarup Banerjee.

...for the respondent no.3.

Mr. Imtiaz Ahmed Mrs. Ghazala Firdaus Mr. Mofakkerul Islam Mr. Sk. Saidullah Mr. Debopam Roy Mr. Mithun Mondal Mr. Md. Arsalan.

...for the respondent nos.6 to 10.

Affidavit of service filed by the petitioner be kept with the record.

Petitioner complains that at the time of religious prayers being offered at the adjoining field, a club is creating the disturbance which is hurting the peaceful atmosphere of the mosque.

Mr. Ahmed, learned advocate appearing for the respondent nos.6 to 10 opposes such submission and submits that there is a cricket tournament and the same is organized by the private respondents.

Such tournament is held after all prior permissions are obtained. No resistance, hindrance or any situation of annoyance is created by the private respondents when the religious prayers are offered and the cricket match is also stalled at the relevant point of time.

Report has been submitted on behalf of the State. Report reflects that police authorities have kept prompt vigil in respect of the dispute and difference between the petitioner and the private respondents. But, having considered the innocuous prayer advanced by the petitioner, I direct that in case any indecent activity transpires within the area of the religious institution, police authorities will not deter to take any prompt action. Prima facie, it seems that the petitioner and the private respondents are not in good terms. As such, police authorities would keep a strict vigil to the extent and ensure that no untoward incident takes place at the place complained of in the writ petition.

With the aforesaid observations, WPA 2124 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted by the learned advocate appearing for the State be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)