Calcutta High Court (Appellete Side)
Saltlake Shyamali Kalyan Samity & Ors vs The State Of West Bengal & Ors on 6 October, 2010
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side.
Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas.
AST No.632 of 2010.
Saltlake Shyamali Kalyan Samity & Ors.
v.
The State of West Bengal & Ors.
Ms.Sanghamitra Nandy ... for the petitioners.
Heard on: October 6, 2010.
Judgement on: October 6, 2010.
The Court:- The petitioners are questioning the reasoned decision of the Assistant Secretary-II & Competent Authority, PWD dated October 5, 2010 (at p.91) refusing to permit them to perform Durga Puja using the place mentioned in the decision. The request has been rejected on the ground that erection of Puja pandal will cause damage to the government property.
Counsel for the petitioners prays for admission and interim relief. She has prayed for leave to move the petition ex parte.
In view of the urgency, I have granted leave to move the matter ex parte.
Since the permission has been refused saying that erection of Puja pandal will cause damage to the government property, I am of the view that it will not be appropriate for the Writ Court to substitute its decision for that of the administration. I do not find any reason to interfere with the order.
For these reasons, the petition is dismissed. Department is directed to give the permanent case number at once. No costs. Certified xerox.
(Jayanta Kumar Biswas, J.) sm.