Ankita Barman And ANR. v. The State Of West Bengal And ORS.

29.08.2024 Item No.15 gd/ssd WPA(P)/299/2024 ANKITA BARMAN AND ANR.

VS THE STATE OF WEST BENGAL AND ORS.

Mr. Ankur Barman, Mr. Shubhadeep Sarkar ..for the Petitioners.

Sk. Md. Galib, Mr. Abu Siddique Mallik ..for the State.

1. By this writ petition the petitioners seek for a direction to grant permission for traditional immersion ceremony boating (nauka vihar) with adequate safety measures.

2. Earlier the petitioners had approached the Circuit Bench of this court in WPA 2471 of 2023 with an identical prayer. The writ petition was disposed of by order dated 13.10.2023 directing the authority to consider the matter. The authority, namely, the SubDivisional Magistrate, Mathabhanga has issued notices, heard the parties and passed a speaking order from the order dated 17.10.2023.

3. Firstly, we need to note the antecedents of the writ petitioner.

4. From the said order it was clearly seen that the prayer sought for is not feasible on account of

possibility of serious accidents, law and order issues, breach of tranquility, severe difficulty in traffic management, inadequate manpower for being deployed, scarcity of safety equipment, parking issues, adequate funds for illuminating the area, safety fencing etc.

5. All of these issues are best left to the administration to take care and the court by way of a public interest litigation cannot issue a direction sought for.

6. Thus, this court is not inclined to entertain this writ petition.

7. Accordingly, the writ petition stands dismissed.

(T. S. SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)