Chandan Pramanik v. State Of West Bengal And ORS.

08.09.2022 Court No.13 Item No.19 pk WPA 20387 of 2022 Chandan Pramanik Vs.

The State of West Bengal and others Mr. Rajdeep Majumder, Mr. Srijib Chakraborty, Mr. Mayukh Mukherjee, Ms. Aishwarya Bazaz ...for the petitioner Mr. Amitesh Banerjee, Ld. Sr. Standing Counsel, Ms. Ipsita Banerjee ... for the State.

The petitioner is aggrieved that Haldia Police Station has not given any permission for holding Viswakarma Puja despite the fact that the Company, of which the petitioner is a part of the trade union, has allowed the same.

Learned counsel for the petitioner submits that there are two other Pujas being held in a short distance of 20 meters from the proposed site of the petitioner.

Haldia Police Station anticipates a law and order situation, if the petitioner is granted permission to hold the Puja in such a distance. There is element of subjectivity that must be allowed to the police in the matter of law and order.

This Court cannot sit on appeal over such a decision. There is an alternative place (Patikhali Gate) indicated by the Haldia Police which may be applied

for by the petitioner to hold the puja in accordance with law. The petitioner may contact the O. C., Haldia Police Station accordingly. The puja, if any, is to be held subject to any condition that may be imposed by the Haldia Police.

With the aforesaid observations, the writ petition is disposed of.

There will be no order as to costs.

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

(Rajasekhar Mantha, J.)