JOYMALYA BAGCHI, J. - (1.) The petitioner has approached this Court for issuing a direction upon the respondent No.3, the Officer-in-Charge, Hare Street P.S. and the respondent No.5, the Divisional Fire Officer, North Kolkata Division, West Bengal Fire and Emergency Services not to grant sanction to the private respondents to hold 'Puja' in the market place in violation of the provisions of the West Bengal Fire Services Act, 1950. It has been pleaded in the writ petition that the respondent Nos.9 to 12 are the occupants and/or traders who have their places of business in the concerned premises and that the respondent No.9 Association has been traditionally holding 'Raksha Kali Puja' in the market premises for long. It has also been pleaded that on every occasion this Court had granted permission to the respondent Nos.9 and 10 to conduct the said puja, however, subject to certain conditions laid down in the said order. Lastly, such permission was granted by this Court in WP No. 17064 (W) of 2016 and the respondent No.10 was permitted to hold the said puja by constructing a pandal of not more than 250 square feet in the private passage of the market place and subject to other conditions set out in the said order. It was also observed in the said order that holding of such puja is without prejudice to the rights and contentions of the petitioners/owners of the premises in other collateral/subsequent proceedings by and between the parties.
(2.) Alleging that the respondent No.10 had violated the aforesaid order in the matter of holding puja, a contempt petition was taken out by the present writ petitioner, which is pending consideration before this Court.
(3.) In this factual backdrop, the petitioners have approached this Court seeking a direction upon the respondent authorities not to grant permission to respondent No.10 for holding puja in the said market place.;