Shantanu Thakur And ORS v. State Of West Bengal And ORS.

Dd 3 28.03.2025 MAT/465/2025 With IA NO: CAN/1/2025 SHANTANU THAKUR AND ORS.

VS STATE OF WEST BENGAL AND ORS.

Mr. Billwadal Bhattacharya, ld. Sr. Adv.

Mr. Rajdeep Majumder, ld. Sr. Adv.

Mr. Moyukh Mukherjee, Ms. Sagnika Banerjee, Mr. Soumya Raha, Advocates ... ... For the Appellants Mr. Lalit Mohan Mahata, AGP Mr. Prasanta Behari Mahata, Advocates ... ... For the State Mr. Ashoke Banerjee, ld. Sr. adv.

Mr. Susovan Sengupta, Mr. Subir Pal, Advocates .. ..For the respondent nos. 3 and 4 Dr. Siddhartha Goswami, Advocate .. ...For the respondent no. 6 Mr. Amiya Dutta, Mr. Swadesh Priya Ghosh, Advocates .. ...For the respondent no. 5

1. Appeal is at the behest of the appellants and directed against an order dated March 25, 2025 passed by in WPA 6602 of 2025.

2. By consent of the parties, the appeal is treated as on day's list and taken up for final hearing.

3. Compliance with all formalities is dispensed save and except the requirement of the appellants to file certified copy of impugned order immediately on obtaining the same.

4. Appellants filed a writ petition seeking mandatory order directing the authorities to permit the appellants to hold Matua Dharma Maha Mela on and from March 27, 2025.

5. By the impugned order March 25, 2025, learned Single Judge dismissed such writ petition.

6. Learned appellants submits that there are three civil suits pending between the private parties. Issues as to who are in control and management of the organization, which is holding the Matua Dharma Maha Mela are pending consideration in such civil suits. He draws the attention of the Court to an order passed in one of the three civil suits being T.S. No. 99 of 2024 and the Order No. 12 dated March 20, 2025 passed therein. He submits that, the plaintiff in such suit denied the allegations of the defendant and recorded its no objection if the defendant participates in the festival of Matua Dharma Maha Mela.

7. Learned appellants submits that, in the event, the grant of permission by the District administration is held to be a permission granted to the All India Matua Mahasangha to hold the festivity, that would suffice the claim of the appellants at present.

8. State, Zilla Parishad and the private respondents are represented.

9. Learned respondents submits, on instructions, that permission is to the All India Matua Mahasangha. The issues as to who is in control and management of All India Matua Mahasangha is involved in the civil suits. Any order passed by the High Court in

this appeal should not affect their clients' right, title and interests in such civil suits in any manner whatsoever.

10. Learned respondents submits that festivities are ongoing. It commenced with effect from March 26, 2025 and is scheduled to continue till April 2, 2025. They submit that, there should not be any impediment in the holding of the festivities in accordance with the permission granted.

11. Learned respondents submit that their clients are in control and management of All India Matua Mahasangha and are holding Matua Dharma Maha Mela since 2018.

12. Learned appellants disputes such contentions advanced on behalf of the private respondents.

13. Apparently, there are disputes between the private parties as to who is in control and management of All India Matua Mahasangha. All India Matua Mahasangha holds Matua Dharma Maha Mela every year. This year also, All India Matua Mahasangha is holding the Matua Dharma Maha Mela in terms of permissions granted by District administration dated March 19, 2025 which is at page 646 of the application.

14. The issues as to who is in control and management of All India Matua Mahasangha is pending decision before the Civil Court. We need not pronounce on the same.

15. Since, the permission granted by the District administration dated March 19, 2025, also records a name of an individual as a person who is permitted

to hold the Matua Dharma Maha Mela in addition to All India Matua Mahasangha, we clarify that the permission should be construed to mean that the permission is granted to All India Matua Mahasangha. We clarify that this decision of ours will not affect or prejudice any individual or the right of any individual to represent or control All India Matua Mahasangha in the manner whatsoever.

16. Learned respondents expressed their apprehensions that, this order will allow the appellants to create disturbances in ongoing festivities.

17. Learned appellants submits that his client will not create any disturbances in the on going festivities in the manner whatsoever.

18. District administration will ensure that no untoward incident takes place at the behest of of the parties at the ongoing festivities.

19. MAT/465/2025 along with connected applications are disposed of accordingly.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)