Purba Medinipur (Tamluk) District Constractors Association Ana ANR v. State Of West Bengal And ORS.

Item No.10 03.10.2024 Court. No. 9 GB W.P.A. 25097 of 2024 Purba Medinipur (Tamluk) District Contractors Association & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Dyutiman Banerjee, Mr. Sourat Nandy ... for the Petitioners.

Mr. Anand Farmania, Mr. Amartya Pal ... for the State.

1.

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

2.

This is the first time that the petitioners want to hold Durga Puja on the land of the P.W.D. The P.W.D. has given permission. The Chairman of the municipality has given permission. The West Bengal State Electricity Distribution Company has given temporary connection. As the State respondent has rejected the request, the Fire Department has not yet been approached.

3.

The petitioners applied through online portal, but the same was rejected.

4.

Mr. Farmania, learned advocate for the State submits that the petitioners did not enter the details of the previous year's permission.

5.

The submission is not tenable as it may so happen that an association wants to hold puja for the first time and may not have previous year's permission.

6.

Under such circumstances, the writ petition is disposed of directing the Sub-Divisional Officer to grant permission to the petitioners to construct the 'pandal' and hold the puja between 7th to 12th October, 2024, subject to procurement of the fire licence after the order of the Sub-Divisional Officer grants the permission. The petitioners will physically approach the authority, as the online application was rejected on a technical ground of non-furnishing of the first year's permission. The consent shall be given within 24 hours from the petitioners approaching to the authority.

7.

It is made clear that other compliances shall be adhered to and the authority concerned, including the police authorities, may maintain a supervision to see that the petitioners comply with the required formalities. 8.

Accordingly, the writ petition is disposed of. 9.

However, there will be no order as to costs.

10. Parties to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)