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Calcutta High CourtWPA/5626/2024disposed

Akhil Bharatiya Kshatriya Maha Sabha And ORS. v. State Of West Bengal And ORS.

2024-02-29Hon'Ble Justice Kausik Chanda2 pages

29.02.2024 Item No.22 Court No.238.

S. De W.P.A. 5626 of 2024 Akhil Bharatiya Kshatriya Maha Sabha & Ors.

Vs The State of West Bengal & Ors.

Mr. Subir Sanyal, Mr. Sougata Mitra, Mr. Rameshwar Sinha, Mr. Nikhil Gupta, Ms. Subhasri Chatterjee, Mr. Sudhadeep Maitra, ...for the petitioners.

Mr. Sirsanya Bandopadhyay, Ld. Jr. Standing Counsel. Mr. Ritesh Kr. Gangully, ...for the State respondents.

By filing this writ petition, the petitioners want to stall a ceremony of unveiling a statue of Ganga Narayan Singh who the petitioners perceive as a great leader of "Kshatriya" community.

Mr. Sanyal, learned advocate appearing for the petitioners submits that though said Ganga Narayan Singh belonged to the "Kshatriya" community, respondent nos. 7 and 8 are projecting Ganga Narayan Singh as "Bhumij" community leader.

Mr. Sanyal argues that by distributing a leaflet as appearing at page 60 of the writ petition, respondent nos. 7 and 8 are trying to enforce their "constitutional rights." He also submits that such attempt to unveil the statue of Ganga Narayan Singh

by respondent nos.7 and 8 should be stopped by the administration.

Mr. Ritesh Gangully, learned advocate representing the State, on the other hand, submits that there is no law and order issue involved in this case warranting interference of Police. The Police, however, have enquired into the matter and found that respondent nos. 7 and 8 are going to conduct the said ceremony on a land donated by a private individual who belongs to the Bhumij Community.

I have failed to pursue myself to hold that the petitioners seek to enforce any statutory rights in this writ petition. The nature of allegation does not constitute breach of any statutory provisions, let alone any constitutional provisions as urged by Mr. Sanyal. In that view of the matter, this writ petition is not entertained. However, I make it clear that the petitioners should be at liberty to approach the competent civil Court to ventilate their grievance if any.

W.P.A. 5626 of 2024 is, accordingly, disposed of.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance with all the necessary formalities.

(Kausik Chanda, J.)