Sammarpan v. State Of West Bengal And ORS.

November 4, 2025

(95) ARDR WPA 24936 of 2025 Sammarpan Vs.

The State of West Bengal & ors.

Adv. Pritam Majumdar, ...for the petitioner.

Adv. Avishek Guha, Adv. Soham Kr. Roy, Adv. Subhajit Das,, ...for the respondent no. 5.

Adv. Kallol Basu, Adv. Abhishek Banerjee, Adv. Debasmita Nandi, ...for the respondent no.6.

Adv. Vivekananda Bose, Adv. Rajsekhar Basu, ....for the State.

Report submitted by the State is taken on record. Copy of the report is made over to the learned counsel for the petitioner in Court this day. Heard learned counsels for the parties.

At the outset, learned counsel for the State challenges the maintainability of the writ petition on the ground that though the petition has been filed on behalf of a trust, the petitioner is represented by its secretary and not by the trustees or any person authorised by them. On merits, learned counsel for the petitioner submits that another organization being Ma Ganga Aarti Sewa Samiti applied before the police seeking permission to organize the arati on the same day as the petitioner, i.e. on 5th November, 2025 at Chandani Ghat and such permission has already been granted. It is not possible for the police authority to grant similar permission to the

petitioner in respect of same site. The authority has suggested two other ghats being Saha Para Ganges Ghat and Jute Mill Ghat alias Bichalighat where the petitioner can perform such arati.

Learned counsel for the petitioner submits that he shall take instruction with regard to performance of the arati in any of the two ghats suggested by the police authority. The petitioner shall take necessary steps before the appropriate authority along with the requisite permissions required for the purpose for obtaining sanction therefrom.

In the event such permission is granted, the petitioner shall ensure that the order of the National Green Tribunal passed with regard to the pollution of the Ganga is complied with in its true letter and spirit. Sufficient security measures shall be taken by the authority in order to avoid any untoward incident. The petitioner shall strictly abide by the location and time of the arati as permitted by the relevant authorities.

With the aforesaid observation and direction, the writ petition is disposed of.

There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)