Isita Mondal And ORS. v. State Of West Bengal And ORS.

Ct. 14 Item No.07 25.07.2023 (Suvendu) WPA 17483 of 2023 Isita Mondal & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Uday Shankar Bhattacharya, Ms. Sudeshna Basu Thakur Ms. Banani Bhattacharya ..........for the petitioners Mr. Amitesh Banerjee Mr. Tarak Karan .......for the State Mr. Pradip Kumar Kundu .....for the respondent nos. 4 & 5 This is an application under Article 226 of the Constitution of India praying for a direction upon the respondent authorities to provide police assistance to the petitioners so that the petitioners can perform 'Sradh' ceremony of late Shantilata Mondal on and from 27th July, 2023 at the premises no. 9/A/3, Sahid Khudiram Bose Road, Post Office and Police Station -Budge Budge, District South 24 Paragans. Learned counsel for the petitioners submits as follows. The petitioner no. 1 is the daughter-in-law of the deceased, the petitioner nos. 2 and 3 are the daughters of the deceased while the petitioner no. 4 is the grandson. The respondent no. 4 and his wife the respondent no. 5 are creating disturbances and

preventing the petitioners from conducting 'Sradh' ceremony of the deceased at the said premises. Learned counsel for the private respondents submits as follows. The private respondents are arranging for conducting 'Sradh' ceremony in their own room by themselves. They are not going to prevent the present petitioners from conducting 'Sradh' ceremony at the room that belongs to the present petitioners.

The learned senior standing counsel appearing for the State submits that the police authorities can keep a vigil at the place in question and maintain peace.

I have heard the learned counsels appearing on behalf of the parties and have perused the writ petition.

It is clear from the submissions of the parties that an understanding had been arrived at between the petitioners and the private respondents that the latter would not create any hindrance or disturbance to the petitioners in their observing 'Sradh" ceremony and rituals of the late Shantilata Mondal at the room that belongs to them at the premises in question. Therefore, no further order need be passed.

However, the police authorities shall keep strict vigil at the place and maintain peace.

With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Jay Sengupta, J.)