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2025 DAILYLAW 5473 (CAL)

ALAUDDIN MONDAL v. THE STATE OF WEST BENGAL AND ORS.

WPA/866/2025 · 2025-01-15

Ravi Krishan Kapur

body2025

Judgment text

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15.01.2025 Sl. No. 01 g.b. Court No.10 265717 WPA 866 of 2025 Alauddin Mondal -Vs- The State of West Bengal & Ors. Mr. Uday Sankar Chattopadhyay Mr. Pronay Basak Ms. Aishwarya Datta ……For the Petitioner Mr. Jayanta Samanta Mr. Suvendu Sengupta …..For the State Mr. Debabrata Roy Mr. Gazi Faruque Hossain Ms. Varsha Ray …For the Private Respondent Nos. 10 and 11 The grievance of the petitioner is directed against the State respondents from carrying out a fair to celebrate the Urush festival at inter-alia plot nos. 194, JL No. 87 in village – Anka Para, Police Station – Haripal, District - Hooghly. It is submitted that the State respondents have arbitrarily and in violation of statutory norms granted permission for conducting the above festival at the above premises. In support of such contention the petitioner relies an order dated 14th January, 2016 passed in WPA 470 of 2016 and contends that any permission granted to hold any proposed festival should be modified so as to exclude the above parcel of land. On behalf of the State it is submitted that the Record of Rights in respect of the subject parcels of land have been corrected and that the petitioner has no right, title nor interest in respect thereof. In a subsequent writ petition being WPA 31197 of 2017, a Co-ordinate Bench of this Court by an order dated 4th January, 2018 permitted the State to hold such proposed fair. A copy of the permission is also filed in Court and handed over to the petitioner. The State is the only authority to grant such permission. It is true that the entry in the Record of Rights have not attained finality and the subject entries are subjudice before the Tribunal. It is also submitted on behalf of the State respondents that there is no temporary structure of any kind whatsoever which has been installed in Plot No.194 part. It is also submitted on behalf of the State that they shall substantially comply with the necessary directions in an earlier round of proceedings passed by a Co-ordinate Bench dated 13th January, 2023 in WPA 770 of 2023. In view of the above, no further order need be passed in this proceeding, WPA 866 of 2025 stands disposed of in view of the submissions of the State. 2 Since no affidavits have been called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities. (Ravi Krishan Kapur, J.) 3