Calcutta High Court (Appellete Side)
In Re : Netaji Sangha & Anr vs The State Of West Bengal & Ors on 10 October, 2018
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
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10.10.2018
Item .
No 09
Court No.15
Avijit Mitra
W.P. No. 20809 (W) of 2018
In re : Netaji Sangha & Anr.
- Versus -
The State of West Bengal & Ors.
Mr. Gourav Das,
Mr. Anup Dasgupta,
Ms. Sumita Sarkar
For the Petitioners
Mr. Subhabrata Dutta,
Mr. Banibrata Dutta
For the State Respondents
Affidavit of service filed by the petitioners be kept on record. Mr. Das, learned advocate appearing for the petitioners submits that along with the residents of the locality the petitioners wanted to organize durga puja for the first time this year on the plots of land detailed in paragraph 5 of the writ petition in respect of which the petitioner no.2 is a co-sharer. Thereafter, on 6th October, 2018, the petitioners deposited the requisite amount to the West Bengal State Electricity Distribution Corporation Ltd. for obtaining electricity connection. In the midst thereof, a representation was submitted to the respondent no.4 on 30th September, 2018 seeking permission for organizing the durga puja this year. In the said representation it was stated that the authorities cannot insist for production of any order from the Court as a precondition towards acceptance of an application seeking permission for organizing durga puja.
Mr. Das further submits that due to insistence of a prior order of the Court, as would be explicit from the document annexed at page 23 of the writ petition, the required documents could not be uploaded.
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Mr. Dutta, learned advocate appearing for the State respondents, however, denies that the authorities have insisted for production of an order of the Court prior to receipt of the application seeking permission for organizing durga puja.
As is customary in the writ jurisdiction, ordinarily the Writ Court would, at the first instance, do the thing or render the decision that the executive functionary ought to do in the circumstances. It is entirely for the executive functionary to decide as to whether permission can be granted to organize puja.
As this Court has not been apprised of the precondition required to be fulfilled for obtaining permission to organize the durga puja and as the time is very short, this Court directs the petitioner no.2 to be personally present before the respondent no.4 on 11th October, 2018 at 10.30 am along with a copy of this order and all other relevant documents to enable the said respondent no.4 to take a decision and to hand over a copy of the same to the petitioner no.2, who shall again be present in the office of the respondent no.4 on 12th October, 2018 at 4.30 pm to receive a copy of the said decision.
Needless to observe in the event it is found that the petitioners fulfil the preconditions, on the basis of which similar matters have been decided, the respondents shall issue necessary permission to the petitioners to organize the durga puja.
It is made clear that if the respondent no.4 is otherwise preoccupied, he may delegate the task of giving such decision to a competent officer under him.
With the above observations and directions, the writ petition is disposed of. There shall however be no order as to costs.
Photostat plain copy of this order, duly counter-signed by the Assistant Registrar (Court), be given to the learned advocates for the parties on their usual undertaking. 3 (Tapabrata Chakraborty, J.)