Panchanantala Sarbojanin Durgotsab Samity And ANR v. State Of West Bengal And ORS.

29th August,2025 In the High Court at Calcutta Item no.D/L 06 Court No. 14 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 20152 of 2025 In the matter of :

Panchanantala Sarbojanin Durgotsab Samity & Anr. .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioners:

Mr. Soumik Ganguli Mr. Sanat Kr. Das Mr. Sujan Chatterjee Mr. Rohan Bavisai Mr. Surajit Gangopadhyay ....Advocates For the State:

Mr. Amitabrata Roy, Ld. GP Mr. Nilotpal Chatterjee Mr. Arkadipta Sengupta ....Advocates

1. Affidavit of service filed in Court today is taken on record.

2. Report by the Inspector-in-Charge, Chinsurah Police Station signed on 28th August, 2025 filed in Court today is also taken on record.

3. The petitioners pray for a direction upon the police and the respondent no. 7 for permitting the petitioner to perform Durga Puja at the place where it is held for many years.

4. It appears that the issue for grant of permission for conducting Puja was under consideration before this Court in the year 2024 and the Court vide order dated 27th September, 2024 in WPA 22628 of 2024 in the matter of

Partha Pratim Nandi Vs. The State of West Bengal & Ors. permitted the Puja to be held with a specific direction that the pandal should be dismantled within a specified date and all materials used for the structure shall be removed. The police was directed to supervise such activity.

5. It has been submitted that the Puja is being held over a passage. The petitioners undertake that enough space shall be maintained for movement of emergency vehicles.

6. The petitioners also undertake that pandal will be dismantled within two to three days after Dashmi which is on 2nd October, 2025.

7. The Hooghly-Chinsurah Municipality has already issued permission for conducting the Puja by the petitioners from 27th September, 2025 to 2nd October, 2025.

8. Learned advocate representing the State respondents submits that despite specific direction given in the earlier writ petition by the Court for dismantling the pandal within 18th October, 2024, the same was not followed by the Puja Committee.

9. It has been submitted that the Committee ought to submit proper undertaking before the police authority for the purpose of obtaining the Puja permission for the year 2025.

10. The instant writ petition is disposed of by observing that the Puja permission may be issued to the petitioners provided the petitioners submits a written undertaking to dismantle the Puja pandal by 4th October, 2025 or latest by 5th October, 2025.

11. Enough space shall be maintained by the petitioners for movement of emergency vehicles.

12. Holding of Puja shall not create any right, title or interest in favour of the Puja Committee or any of its members over the place where the Puja is being held.

13. No easementary rights are being decided in the instant writ petition.

14. The police and the respondent no. 7 are directed to supervise that the undertaking given by the petitioners are strictly followed.

15. The writ petition stands disposed of.

16. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)