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2025 DAILYLAW 54233 (CAL)

UTTAM SHAW v. THE STATE OF WEST BENGAL AND ORS

WPA/2595/2024 · 2025-04-25

Amrita Sinha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.04.2025 Court No. 2 Item No. 51 AGM Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 2595 of 2024 Uttam Shaw Versus The State of West Bengal & Ors. Mr. Joydeep Kanta Bhowmik. Ms. Debi Sarkar. Ms. Jasmin Haque. Ms. Moumita Shome. Ms. Nipa Das. ……for the petitioner. Ms. Bedashruti Bose. Mr. Sourav Sarkar. … For the State. 1. Affidavit-of-service filed today in Court be kept with the records. 2. None appears on behalf of the private respondents. 3. The petitioner alleges that Sahu Bhawan which is adjacent to the residence of the petitioner is being used for marriage purpose and for purpose of conducting other ceremonies because of which there is continuous nuisance, noise pollution and other illegal activities in and around the said Sahu Bhawan. 4. A complaint was lodged before the police. 5. Allegation is that no steps have been taken by the police till date. 2 6. Learned advocate representing the State respondents has obtained instruction from the Officer- in-charge, Khalpara TOP under the Sigiluri Police Station signed on 9th December, 2024 wherefrom it appears that the Officer-in-charge visited the Sahu Bhawan and informed the President and Secretary of the said Bhawan to maintain proper management in respect of wastage of food and garbage and also to obey the regulations of sound. 7. The complaint of the petitioner was treated as non FIR. 8. It appears that the petitioner ought to have lodged complaint before the other authorities including the West Bengal Pollution Control Board, the Siliguri Municipal Corporation etc. The police also ought to have handled the matter in a more responsible way. Only making a request to the offender to maintain proper management, is not a solution to the problem the petitioner is facing day in and day out because of regular festivals and ceremonies being held at the next door. 9. In view of the above, the instant writ petition is disposed of granting leave to the petitioner to approach the competent authorities highlighting his grievances. 10. In the event such a representation is made, the competent authority shall ensure that no illegal activity and/or nuisance is caused at the subject premises and the peace and tranquility of the area is not disturbed in any manner whatsoever. 3 11. The police shall also ensure that no activity de hors the provision of law takes place in the locale. 12. The writ petition stands disposed of. 13. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Amrita Sinha, J.)