Kalyan Samity And ANR. v. State Of West Bengal And ORS.

Item No. 20 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 11.10.2023 Ct-24 WPA 23643 of 2023 Kalyan Samity & Anr.

v.

The State of West Bengal & Ors.

Mr. Sabyasachi Chatterjee Mr. Subhrajit Saha Mr. Indranil Munshi Mr. Sayantan Kar Mr. Kiren Sk ... for the petitioner.

Mr. Jayanta Narayan Mahanty Ms. Pratiti Das ... for the respondent no. 7.

Mr. Tanoy Chakraborty Ms. Ashmita Chakraborty ... for the State.

The instant writ petition was filed by the petitioner as Maheshtala Municipality did not permit the petitioners to perform Durga Puja in the land which is presently under the possession and ownership of the Municipality.

Learned advocate representing the Municipality has taken instruction and the Chairman of the Municipality has intimated that the Municipality does not have any objection in case the petitioners are allowed to perform Durga Puja at a corner of the subject plot for this year only.

The Municipality intends to start construction of the community hall at the said premises on and from the month of November 2023.

In view of the aforesaid submission, the petitioners may be permitted to perform Durga Puja at the said plot but the Puja Committee shall be bound to deliver peaceful vacant possession of the plot to the Municipality by October 31, 2023.

The Municipality is directed to open the padlock so that the petitioners may get access for making preparation of the Puja.

The writ petition stands disposed of.

Instruction forwarded by the Chairman of the Municipality dated October 3, 2023 be retained with the records.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

Sh (Amrita Sinha, J.)