Jogendra Ram & Anr vs State Of West Bengal & Ors
2022 Latest Caselaw 7267 Cal

                   IN THE HIGH COURT AT CALCUTTA

                       CONSTITUTIONAL WRIT JURISDICATION

       Before:
       THE HON'BLE MR. JUSTICE JAY SENGUPTA


                                W.P.A. 23385 OF 2022

                                  Jogendra Ram & Anr.
                                           VS.
                               State of West Bengal & Ors.


       For the Petitioners:                   Mr. Partha Sarathi Bhattacharyya
                                              Mr. Supratim Dhar
                                              Mr. Kunal Ganguly

       For the State       :                  Mr. Amal Sen
                                              Mr. Jahar Dutta
                                              Ms. Sangeeta Roy
                                              Mr. Dipankar Ghosh




       Heard on:                        28.10.2022

       Judgment on:                     28.10.2022




       JAY SENGUPTA, J:

            This is an application praying for direction upon the

respondents-authorities to allow the petitioners' Samity to perform their

holy Chhat Puja over Rasbari Ghat, Bally, Howrah on 30.10.2022 and

31.10.2022 as they have been performed the same since 1996 on the same

place.

Affidavit of service filed on behalf of the petitioners is taken on

record.

Learned counsel for the petitioners submits as follows. The

petitioners are the President and Secretary of one Sarvojanik Chhat Puja

Samity, Bally, Howrah, which was established in the year 1996 in order to

perform holy Chhat Puja on an annual basis. Accordingly, the petitioners

and other members of the community have been performing Chhat Puja at

the place in question since 1996. They have been submitting applications

before the respondents-authorities, which were received by the concerned

authorities. On 26.10.2022 the petitioners submitted a similar application

before the concerned authorities seeking permission to perform Chhat

Puja on the said dates. However, no response has been forthcoming. The

petitioners are praying for direction upon the concerned authorities to

allow the petitioners' Samity to perform Chhat Puja at the place. The

petitioners undertake that they would clean up the place at their own

initiative and cost after performing Chhat Puja.

The learned counsel appearing on behalf of the State-respondents

submits as follows. It is true that Chhat Puja had been celebrated at

Rasbari Ghat, Bally, by the said Samity for the last few decades including

the period of COVID 19 pandemic. The respondents have no objection if

the petitioners and others perform Chhat Puja at the said place peacefully

and upon obeying all the laws of the land.

I have heard the learned counsels appearing on behalf of the

parties and have perused the writ petition.

It is the petitioners' case that they have been performing Chhat

Puja since 1996 and the same has not been disputed by the respondent-

authorities.

It further appears that on earlier occasions communications were

made by the petitioners' Samity and those were received by the concerned

authorities and thereafter the petitioners performed Chhat Puja at the

place in question. This year also the respondent-authorities are not

objecting to the performance of Chatt Puja at the same place.

Therefore, there is no impediment on the petitioners and the

members of the Samity in performing Chhat Puja at the place.

However, in the event such Puja is celebrated by the petitioners

and/or the said Samity, they shall perform the same peacefully, without

adversely affecting the rights of others and upon obeying all the local and

municipal laws in this regard. They shall also fulfill their commitment to

clean up the place at their cost after completion of the Puja.

No further order need be passed.

The writ petition is disposed of accordingly.

Urgent photostat certified copy of this order if applied for be given

to the parties on usual undertakings.

All parties shall act on the server copy of this order downloaded

from the official website of this Hon'ble Court.

(JAY SENGUPTA, J.)

SM