Sudam Pandit v. State Of West Bengal And ORS.

08.12.2022.

Supple Item No. 2.

Court No.13 ap W.P.A. No. 27195 of 2022 Sudam Pandit

Versus

The State of West Bengal & Ors.

Mr. Rajdeep Majumdar, Mr. Moyukh Mukherjee, Ms. Aishwariya Bazaz.

...For the Petitioner.

Mr. Nilotpal Chatterjee, Mr. Prantik Garai.

...For the State.

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

The petitioner wants to hold a political gathering at Contai Railway Station Ground on 21st December, 2022 between 7:00 A.M. to 8:00 P.M. and 30000 and odd people are expected to join in the said gathering. Mr. Nilotpal Chatterjee, Counsel for the State raises acceptable concerns. It is submitted that the petitioner has applied by electronic mail yesterday evening at 8:20 P.M. before the Sub-Divisional Officer, Contai and the Sub-Divisional Officer, did not have breathing space to consider the petitioner's application. It is further submitted that even without waiting for a response from the SDO, the writ petitioner has moved this Court today expressing extreme urgency.

This Court is of the view that on the concerned expressed, the petitioner ought to have atleast given some notice and time to the Sub-Divisional Officer, Contai to consider the arrangement to be made and the conditions to be specified.

In the aforesaid circumstances, this Court directs Sub-Divisional Officer, Contai to permit holding of such meeting and to specify all and every necessary conditions, particularly enforcement of Noise Pollution Norms and also to obtain a clear undertaking from the petitioner to clear up the entire venue after such gathering.

The Sub-Divisional Officer, Contai shall also be free to impose fair conditions towards security and to avoid inconvenience to the public at large.

Let a suitable decision be communicated to the petitioner by 13th December, 2022.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)