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Calcutta High CourtWPA/25106/2023disposed

New Town C C Block Puja Samity And ANR. v. State Of West Bengal And ORS.

2023-10-19Hon'Ble Justice Amrita Sinha2 pages

19.10.2023 A.G.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 25106 of 2023 New Town CC Block Puja Samity & Anr.

-versus The State of West Bengal & Ors.

Mr. Amitabha Ghosh Ms. Debolina Sarkar Mr. Rajnil Mukherjee Ms. Nabanita Chatterjee ... For the Petitioners.

Mr. Sujit Sankar Koley ... For the Respondent no. 6.

Mr. Ritankar Das ... For the Respondent no. 9.

Mr. Lalit Mohan Mahata Mr. Ziaul Haque ...For the State.

None represents NKDA.

Leave to file affidavit-of-service in the course of the day.

It has been submitted by the petitioners and the private respondent i.e. the Residents Welfare Association that both the parties have unanimously taken steps to hold the Durga Puja peacefully this year. Because of the non-granting of permission to hold the Puja by the NKDA, the petitioners are not in a position to formally proceed with performing the Puja. The police do not have any objection provided the Puja is held after obtaining necessary permission.

The petitioners and the Residents Welfare Association may perform the Puja peacefully and ensure that there is no breach of peace in the locality. Since the offices of the NKDA have closed down in view of the Puja vacation, there is no scope at this stage to obtain permission from the said authority. For the purpose of obtaining electricity connection, the petitioners will be obliged to comply with all the relevant formalities including payment of electricity charges.

A formal application signed by the representative of the petitioner and the Residents Welfare Association shall also be made before the police authority and the Fire and Emergency Services.

It is expected that the parties will perform the Durga Puja with responsibility and ensure that there is no accident or untoward incident during the festive days.

The writ petition stands disposed of.

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

( Amrita Sinha, J.)