Bharat Mata Club Durga Puja Committee v. The State Of West Bengal And ORS

03.10.2024 Court No. 2 Sl. No.34 AGM Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 2200 of 2024 Bharat Mata Club Durga Puja Committee -versus State of West Bengal & Ors.

Mr. Hillol Saha Podder.

...For petitioner.

Mr. Subir Kumar Saha. Ld. AGP Mr. Bikash Singha.

... For the State.

The petitioner seeks permission for conducting the Durga Puja.

Learned advocate representing the State respondents relies upon the minutes of the meeting in connection with the Durga Puja festival for the year 2024 held on 29th August, 2024 by the Sub Divisional Officer, Mathabhanga with all stakeholders.

It was resolved that as per the direction of the District Magistrate, Cooch Behar and also as per the provision as laid down in the Puja permission portal, the Pujas those had been given permission in the year 2023 are only eligible to get permission for this year, that is, 2024.

Learned advocate representing the petitioner submits that the subject Puja was held in the year 2023 by obtaining 'No Objection Certificate' from the fire authority, Panchayat and the West Bengal State Electricity Distribution Company Limited. However, no formal permission was issued from the State organization or the police.

Despite not having a formal permission for performing the Puja, the State administration did not take any step to stop the Puja performed by the petitioner in the year 2023.

It has been submitted that the Puja will be performed without seeking any grant from the State Government. The Puja will be done by the local people in a peaceful manner.

The petitioner already approached the concerned authority seeking permission but none have been responded till date.

As the State administration has already taken a decision not to issue any further permission for performing Puja for the first time in the year 2024, accordingly, no formal order is being passed directing the State administration to issue permission to the petitioner for performing the Puja.

It will be open for the petitioner to perform the Puja in the same manner as was performed in the year 2023.

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.)