Calcutta High Court (Appellete Side)
In Re : Smt. Rinku Saha & Anr vs The State Of West Bengal & Ors on 10 October, 2018
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
10.10.2018
Item .
No 10
Court No.15
Avijit Mitra
W.P. No. 20449 (W) of 2018
In re : Smt. Rinku Saha & Anr.
- Versus -
The State of West Bengal & Ors.
Ms. Suman Sehanabis (Mondal)
For the Petitioners
Mr. Amitesh Banerjee, Sr. Standing Counsel
Mr. Suddhadev Adak
For the State Respondents
Affidavit of service filed by the petitioners be kept on record. Ms. Sehanabis, learned advocate appearing for the petitioners submits that the petitioners had been performing durga puja since the year 2014 and permission was granted to that effect by the competent authority. In support of such contention she has drawn the attention of this Court to the documents annexed at pages 23 to 40 of the writ petition. By a representation dated 27th September, 2018, the petitioners sought for permission from the respondent no.5 to organize durga puja this year but the same has not been responded to. She further submits that the petitioners have deposited the requisite fees to the West Bengal State Electricity Distribution Corporation Limited and also to the Directorate of Fire Services for obtaining necessary permission. Let copies of documents, as produced, be kept on record.
Mr. Banerjee, learned senior standing counsel appearing for the State respondents submits that the petitioners have not furnished the proper documents along with the representation submitted seeking permission to organize durga puja this year.
As is customary in the writ jurisdiction, ordinarily the Writ Court would not, at the first instance, do the thing or render the decision that the executive functionary ought to 2 do in the circumstances. It is entirely for the executive functionary to decide as to whether permission can be granted to organize the 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.1 to be personally present before the respondent no.5 on 11th October, 2018 at 10.30 am along with the copy of this order and all other relevant documents to enable the said respondent no.5 to take a decision and to hand over a copy of the same to the petitioner no.1, who shall again be present in the office of the respondent no.5 on 12th October, 2018 at about 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 said respondent shall issue necessary permission to the petitioners to organize the durga puja.
It is made clear that if the respondent no.5 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.
(Tapabrata Chakraborty, J.)