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Ananda Marga Pracaraka Samgha and Anr. v. the State of West Bengal and Ors.

Calcutta HC22 Nov 2024WPA/21800/2024

Case brief

AI extract

What is this about?

WPA 21800 of 2024; Calcutta High Court; Tirthankar Ghosh, J.; 22.11.2024; Ananda Marga Pracaraka Samgha; State of West Bengal; Purulia district administration; festivals organized on schedule dates; representation dated 5th March 2024; subsequent representations; 15 days; notify private respondents; hear both parties; own discretion; disposed of; report kept with record; affidavit of service.

What did the court decide?

Direction to the district administration of Purulia to decide on the representation dated 5th March, 2024 and all subsequent representations, preferably within 15 days from communication of the order, after notifying the private respondents and hearing both parties, exercising its own discretion; report and affidavit of service kept with the record. ¶19

Ananda Marga Pracaraka Samgha and Anr. Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the district administration of Purulia should consider and take a decision on the representation dated 5th March, 2024 and all subsequent representations addressed to it by the petitioners, relating to the festivals organized by the organization.

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Court's answer

The Court directed that the district administration of Purulia will take a decision in respect of the representation dated 5th March, 2024 along with all the subsequent representations addressed to the district administration.

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Ratio / Principle

The representations are to be considered by the district administration preferably within 15 days from the date of communication of the order, after notifying the private respondents, and the district administration, after hearing both parties, would take a decision by exercising its own discretion.

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Detailed headnote1 paragraphs

Calcutta High Court (Tirthankar Ghosh, J.), by order dated 22.11.2024, disposed of WPA 21800 of 2024 (Ananda Marga Pracaraka Samgha & Anr. v. State of West Bengal & Ors.). Considering the petitioners' limited prayer that the issue be left to the district administration, and the State's report reflecting that the decision was pending while the Hon'ble High Court was in seisin of the matter, the Court directed the district administration of Purulia to take a decision in respect of the representation dated 5th March, 2024 and all subsequent representations, preferably within 15 days from the date of communication of the order, after notifying the private respondents; the district administration, after hearing both parties, was to take a decision by exercising its own discretion. It was recorded that representations had also been addressed to the district administration on behalf of the private respondents. The Court observed that festivals are organized by the petitioners' organization on scheduled dates approved and/or endorsed by the district administration in regular course. The State's report and affidavit of service were kept with the record.

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Sl.No. 115 22.11.2024 Court No. 35 G.S.Das

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WPA 21800 of 2024

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Ananda Marga Pracaraka Samgha & Anr. -VsThe State of West Bengal & Ors.

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Mr. Piyush Chaturvedi Mr. A. Mukherjee Mr. Prithish Chandra … for the Petitioners Ms. Manju Agarwal Ms. Anju Mannot Mr. Koustav Das … for the private respondent(s) Mr. Amitesh Banerjee, Ld. Sr. St. Counsel Mr. Debangshu Dinda

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… for the Petitioners

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… for the State

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Learned advocate for the

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petitioners submits that there are certain schedule dates on which the festivals are organized by the organization and the same is approved and/or endorsed by the district administration in regular course.

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Learned advocate for the private respondents opposes the contentions advanced by the learned advocate for the

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petitioner and intends to use an Affidavit.

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However, considering that the

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petitioners have limited prayer before this court for leaving it to the district administration to decide the issue and as the report of the State also reflects that the decision is pending as the Hon’ble High Court is in seisin of the matter, in this circumstances, I direct that the district administration of Purulia will take a decision in respect of the representation dated 5^th March, 2024 along with all the subsequent representations addressed to the district administration.

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Let the representations, be considered by the district administration preferably within a period of 15 days from the date of communication of this order after notifying the private respondents. The district administration, after hearing both the parties, would take a decision by exercising its own discretion.

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Learned advocate for the

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respondents submits that representation(s) on behalf of the private respondent(s) have been addressed to the district administration. The same may also be considered at the time of hearing of the present representation.

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With the aforesaid observations,

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WPA 21800 of 2024 is disposed of.

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Report so submitted be kept with the record.

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Affidavit of service so filed be

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kept with the record.

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Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.