Tapas Mondal v. State Of West Bengal And ORS.

04.12.2025 Item No.27 Ct. No.1 KS WPA(P) 415 of 2025 Tapas Mondal

Versus

State of West Bengal & Ors.

Mr. Prabir Maji .....for the Petitioner Mr. Swapan Kr. Datta, Ld. GP Mr. Nilotpal Chatterjee Mr. Tirthankar Dey..............for the State Mr. Alak Kr. Ghosh Mr. Suman Basu...................for the KMC PER, SUJOY PAUL, ACJ.:

1. Parties are represented through their respective learned counsel.

2. In this PIL, petitioner has prayed for following relief:

"a) Writ in the nature of mandamus commanding the respondents and their associates and/or servants and each one of them to remove the obstructions made by the puja committees thereby making bamboo fencing, iron fencing and advertisements on Municipal roads and footpaths within a period of time as may be specified by this Hon'ble Court."

3. Mr. Chatterjee, learned counsel for State submits that to some extent, the points involved are already covered by decision of this Court in Ajay Kumar De vs. State of West Bengal & Ors.

2020 SCC OnLine Cal 1984.

4. In this view of the matter, we deem it appropriate to dispose of this PIL with the following directions:

(i) The petitioner may file a comprehensive representation, wherein he can include all his suggestions and submit it before Police Commissioner, Kolkata/ respondent no. 2 along with copy of this order.

(ii) We have no doubt that in that event, the respondent no. 2 shall examine the suggestions and if the same are useful, will take appropriate steps in accordance with law.

5. With aforesaid observation, PIL is disposed of.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(SUJOY PAUL, ACJ) (PARTHA SARATHI SEN, J.)