PALAN CHANDRA PAIK Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2012-1-270
HIGH COURT OF CALCUTTA
Decided on January 04,2012

Palan Chandra Paik Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

BISWANATH SOMADDER, J. - (1.) Affidavit of service filed in Court today be kept on record.
(2.) Having heard the learned advocates for the parties, it appears that there exists a private dispute between the petitioner and the private respondent no. 7 regarding hosting of a 'Yuva' festival at Nandakumarpur Anchalik Yuva maidan situated under Police Station - Raidighi, District - South 24-Parganas. The specific allegation of the writ petitioner is that since the year 1998, the 'Yuva' festival was held in the said maidan and was conducted by the local Gram Panchayat where the writ petitioner is the Pradhan. According to the petitioner, the private respondent no. 7 is holding the 'Yuva' festival from today till the 11th of January, 2012, without obtaining proper sanction from the concerned district authority.
(3.) In such a situation as stated above, there is precious little which the writ court can do, save and except directing the District Magistrate, South 24-Parganas, being the respondent no. 2, to look into the allegations made by the writ petitioner as stated in the writ petition and take a decision in the matter as to who should be permitted to hold the 'Yuva' festival this year. While taking a decision in the matter the respondent no. 2 shall give adequate opportunity of hearing to all concerned including the writ petitioner as well as the private respondent no. 7. Such decision shall be taken by the respondent no. 2 preferably by tomorrow, but not later than day after tomorrow. If the 'Yuva' festival has already commenced, it shall not be disturbed in any manner and only the control over the festival will be the subject-matter to be decided by the respondent no. 2, in terms of this order.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.