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2026 DAILYLAW 46979 (CAL)

SMT NIBEDITA MUKHOPADHYAY v. STATE OF WEST BENGAL AND ORS.

WPA/22389/2026 · 2026-10-06

Krishna Rao

body2026

Judgment text

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S/L 10 06.10.2026 Court. No. 25 suvayan WPA 22389 of 2026 Smt. Nibedita Mukhopadhyay Vs. The State of West Bengal & Ors. Mr. Manabendra Thakur Mr. Sourav Mitra …for the petitioner. Mr. Rivu Dutta Mr. Swastik Saha …for the State. Mr. P. K. Dutta Mr. S. Deb Roy Mr. Shataroop Purkayastha Ms. Rajorna Mazumder …for the respondent no. 10. 1. The affidavit-of-service filed by the petitioner be kept with the record. 2. The petitioner has filed the present writ application with the grievance that the private respondent is performing Durga Puja just adjacent to the house of the petitioner by blocking the public passage and without giving any passage for egress and ingress to the petitioner as well as to allow any ambulance or fire vehicles during emergency. 3. The State has submitted the report which reads as follows: “During enquiry, it is learnt that, earlier Lake Town PS received one mass petition from the instant writ petitioner and others, all are residence of Dum Dum Park area regarding the aforesaid allegations. In course of enquiry, the organizers of Durga Puja-2026 of Bharat Chakra Club, Dum Dum Park were called at Lake Town 2 PS and they have been clearly informed that no Puja can be conducted by blocking road. Durga Puja must be organized strictly in accordance with High Court directives and Governments regulations. The organizers have assured that they will celebrate Durga Puja-2026 in full compliance with all Governments regulations. In course of enquiry, it is also learnt that this year, Bharat Chakra Club, Dum Dum Park is celebrating their 26th year of Durga Puja. After the intervention of Police and other authorities, a passageway has been kept beside the Puja Pandal for ambulances and emergency movement. It is pertinent to mention here that the Sub Divisional Officer, Bidhannagar also conducted a meeting with the organizers of Durga Puja-2026 of Bharat Chakra Club, Dum Dum Park and as per the order of Sub Divisional Officer, Bidhannagar the undersigned also present there. Sub Divisional Officer, Bidhannagar also directed the aforesaid Durga Puja Committee to organize Durga Puja strictly in accordance with High Court directives and Governments regulations. Otherwise stern action will be taken. The organizers have assured that they will celebrate Durga Puja-2026 in full compliance with all Governments regulations. It is worthily mention here that the officials of South Dum Dum Municiplaity and Fire Service Authority also visited the Puja Pandal -2026 of Bharat Chakra Club, Dum Dum Park in this regard. The officials of Bharat Chakra Club, Dum Dum Park has already applied for Puja Permission through online mode in the Durga Puja Portal of Bidhannagar Police Commissionerate. Permission will be given from the part of Police Authority if Bharat Chakra Club, Dum Dum Park gets "No Objection 3 Certificate" from South Dum Dum Municiplaity, Fire Service Authority and West Bengal Pollution Control Board.” 4. The private respondent has placed the photographs and submits that the private respondent has performing the Puja for the last 26 years and the Pandel which has been constructed by leaving sufficient place for egress and ingress of the petitioner also there is a sufficient place to allow any ambulance or the fire vehicles during emergency. 5. Learned counsel for the private respondent further submits that the private respondent is following all the norms to perform the Puja. 6. This Court finds that the authorities are already inspected the premises-in-question and finds that the private respondent is following all the rules and kept the space for the vehicular traffic and there is no disturbance of petitioner’s egress and ingress. 7. Considering the above, the writ petition is disposed of by directing the respondent authorities to see that the private respondent shall comply with all the provisions for performing the Puja at said premises without disturbing egress and ingress of the petitioner and also to see that during any emergency the ambulance and the fire vehicles can go through the said road and there should not be any disturbance of the vehicular traffic. 8. WPA 22389 of 2026 is disposed of. 4 9. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Krishna Rao, J.)