Calcutta High Court (Appellete Side)
Tridip Dhali & Anr vs The State Of West Bengal & Ors on 10 October, 2023
Author: Arijit Banerjee
Bench: Arijit Banerjee
03. 10.10.2023
Court No.6
.Tanmoy Ghosh
MAT 2006 of 2023
Tridip Dhali & Anr.
-Versus-
The State of West Bengal & Ors.
With
IA No: CAN/1/2023
Mr. Billwadal Bhattacharyya, Ld. DSGI,
Mr. Anish Kumar Mukherjee, Adv.,
Mr. Suryaneel Das, Adv.,
Mr. Chiranjit Pal, Adv.
...for the appellants/applicants.
Mr. Ashim Kr. Ganguly, Adv.,
Ms. Jyotsna Roy Mukherjee, Adv.
...for the State.
Mr. Alok Kr. Ghosh, Adv.,
Mr. Gurudas Mitra, Adv.
...for the Kolkata Municipal
Corporation.
Report filed on behalf of the State be kept with the
records.
By consent of the parties, the appeal and the
connected application are taken up together for hearing.
Read order dated October 9, 2023.
Ms. Roy Mukherjee, learned Advocate representing
the State, today says on instruction that the Police has
not permitted any new puja to be organized this year. No
permission has been granted for the puja that is sought
to be organized by Kabardanga Mahila Durga Utsav
Committee.
Both Ms. Roy Mukherjee and Mr. Ghosh, learned
Advocates appearing for the State and Kolkata Municipal
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Corporation respectively, say that applications are
accepted only through AASAAN portal. No new
registration is being permitted on that portal. This
decision has been taken keeping in view the pressure on
the traffic management system.
Be that as it may, we find that one of the grounds
on which the application of the present appellants was
rejected, is the order dated July 22, 2005, passed by a
Division Bench of this Court in W.P. No. 21481(W) of
2004. However, it has been subsequently clarified by a
learned Judge of this Court by an order dated October
18, 2012, passed in W.P. 23392 (W) of 2012, reported at
2012 SCC Online Cal 11713 that the arrangements
that were directed to be followed in the 2005 Division
Bench order, were to be operative only for 2005. We have
also gone through the aforesaid Division Bench order
dated July 22, 2005. We find that the co-ordinate Bench
had recorded the guidelines issued by the Corporation
and the Police and had directed that permission for
putting up pandals for Durga Puja would be granted
strictly adhering to such guidelines. We are also of the
view that such observation of the co-ordinate Bench was
meant for that year only, i.e., 2005.
Since the Competent Authority has declined
permission to the present appellants on grounds, one of
which we find is not sustainable, we refer the matter
back to the Competent Authority for fresh consideration.
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We are sure that the Competent Authority will keep in
mind that Durga Puja is the biggest festival of the
Bengalis and religious sentiments are associated with it.
Further, if even one new puja has been permitted
by the Administration this year, there is no reason why
the present appellants should also not be permitted. The
appellants or their authorized representative will be
granted a hearing immediately and they will be at liberty
to place relevant material before the Competent
Authority. A reasoned decision should be taken by the
Authority in accordance with law but also keeping in
mind Administrative exigencies. We do not bind the
hands of the Competent Authority to take a decision in
any particular manner. We have not decided anything.
The ultimate decision will have to be taken by the Police
Authorities and/or the Corporation Authorities.
Mr. Bhattacharyya, learned Advocate for the
appellants says that the park, in which the relevant puja
is sought to be organized, is used as a venue for fairs
and carnivals regularly and, therefore, there should be
no problem if the appellants are permitted to organize
Durga Puja in that park.
We doubly clarify that we have not decided
anything on merits. The Competent Authority shall take
an independent and impartial decision keeping in mind
that the appellants cannot be discriminated against. If
the State Administration and/or the Corporation has
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permitted any new Durga Puja to be organized this year,
the appellants' application should also be considered
favourably. Otherwise, there will be violation of Article
14 of the Constitution. The entire exercise will be
completed within 48 hours from date in view of the fact
that Durga Puja is knocking on the doors.
Since we have not called for affidavits, the
allegations in the stay petition shall be deemed not to
have been admitted by the respondents.
The appeal being MAT 2006 of 2023 and the connected application being IA No: CAN/1/2023 are disposed of.
Let urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance with all requisite formalities.
(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)