Sandad And Another vs The State Of West Bengal & Ors
2023 Latest Caselaw 6791 Cal

                        HIGH COURT AT CALCUTTA

                CONSTITUTIONAL WRIT JURISDICTION

Present:

THE HON'BLE JUSTICE JAY SENGUPTA

                              WPA 23908 of 2023
                Kakdwip Byayam Samity O Mukul Natya
                              Sandad and another
                                    Versus
                      The State of West Bengal & Ors.



For the petitioners                Mr. Sabyasachi Chatterjee
                                   Mr. Omar Faruk Gazi
                                   Mr. Badrul Karim
                                   Mr. Dipankar Das



For the State                      Mr. K.J. Yusuf
                                   Mr. Parikshit Goswami


For the Respondent Nos.8-10        Mr. Kingsuk Mondal

Mr. Pradip Kundu Mr. Partha Sarathi Mondal Ms. Antara Das

Heard on 05.10.2023

Judgment on 05.10.2023

JAY SENGUPTA, J:

This is an application under Article 226 of the

Constitution of India, inter alia, praying for direction upon the

respondent authorities to register an FIR on the basis of a

written complaint made by the petitioners, to protect the

property in question from the clutches of the private

respondents and their family members and for direction not to

block the ingress and egress of petitioners' office.

Affidavit of service filed on behalf of the petitioners is taken

on record.

Report filed on behalf of the State is also taken on record.

Learned counsel representing the petitioners submits as

follows. The petitioner No.1 is one Kakdwip Byayam Samity O

Mukul Natya Sansad and the petitioner No.2 is the secretary of

the said organisation. Although the land in question was vested

one, by an order dated 02.02.2012, the BL&LRO allotted the

said land to the Byayam Samity. The private respondents are

trying to cause disturbances in the locality for which several

complaints had to be lodged by the petitioners. But, the police

did not take any steps. Now, the private respondents are

intending to conduct Durga Puja at the land in question by

blocking the ingress and egress of the petitioners' office. If the

private respondents want to conduct Durga Puja in the said

portion of the land, then necessary permission should be sought

from the petitioners.

Learned advocate for the private respondents submits that

only a part of the land in question was allotted to the petitioners

and the other part was given to the private respondents for use.

In fact, they had been conducting Durga Puja on the said land

for more than hundred years. The concerned authorities have

given all required permissions in this regard.

Learned advocate for the State relies on the report and

submits that the private respondents had been conducting

Durga Puja on the said land for quite sometime. Necessary

permissions were given by the BL&LRO and other concerned

authorities. However, over the disputes a proceeding had to be

initiated under Section 107 of the Code. A close vigil is

maintained in the locality.

It appears that the BL&LRO has granted permission to the

private respondents for conducting Durga Puja. The private

respondents have been conducting Durga Purja on the said land

for so many years. Therefore, no question arises of asking for

permission from the petitioners in this regard.

However, the private respondents shall conduct Durga Puja

in a manner so that the ingress and egress to the petitioners'

office is not blocked.

The police shall keep a sharp vigil at the locale and ensure

that no breach of peace takes place.

With the aforesaid observations, WPA 23908 of 2023 is

disposed of.

Urgent certified copy of this order, if applied for, be

supplied to the parties upon compliance of all requisite

formalities.

Parties shall act on a server copy of this order duly

downloaded from the official website of this Court.

(Jay Sengupta, J)

SG