Brittimulak Sangrami Mancha And ANR v. The State Of West Bengal And ORS

ORDER SHEET WPO NO. 72 OF 2021

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE BRITTIMULAK SANGRAMI MANCHA & ANR.

Versus

STATE OF WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : 23rd February , 2021 Appearance :

Mr. Anjan Bhattacharya, Ms. Anita Shaw, Adv., for the petitioner.

Mr. Alok Kumar Ghosh, Mr. Swapan Kumar Debnath, Mr. Gopal Chandra Das, Advs., for the KMC.

Mr. Amitesh Banerjee, Sr. Adv., Mrs. Ipsita Banerjee, Adv., for the State.

The Court : Learned Counsel for the petitioners submits that although the writ petition was filed with a grievance that the authorities have not considered the request of the petitioners dated February 7, 2021 for permission to hold a sit-in administration from February 10, 2021 for seven days, the petitioners did not have opportunity to move the matter and, as such, the same has become infructuous. However, the petitioners still intend to hold the sit-in administration on a future date and seeks leave to make such application before the appropriate authorities. Learned Counsel appearing for the State-respondents submits that the petitioners have not furnished any permission from either the Kolkata Municipal Corporation or the Army for holding the sit-in administration in the designated places, which were prerequisites for consideration of the request.

Be that as it may, since the writ petition has become infructuous, WPO 72 of 2021 is dismissed as infructuous. However, the petitioners are liberty to apply afresh for permission to hold the sit-in administration on a future date/period at a particular designated place. If such an application is made, the respondent authorities shall consider the same at the earliest and intimate their decision to the petitioners. It is made clear that the merits of the writ petition have not been gone into by this Court. No order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (SABYASACHI BHATTACHARYYA, J.) S.Das AR[CR]