BISWANATH SOMADDER,J. - (1.) Let the affidavit of service filed in Court today be taken on record. Let the supplementary affidavit filed in Court today on behalf of the appellants be also taken on record.
(2.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(3.) The instant appeal arises out of an order dated 10th January, 2017, passed by the learned Single Judge in WP 563 (W) of 2017 (Me 2 We Foundation & Anr. vs. The State of West Bengal & Ors.). The appellants before us had approached the writ Court in respect of a communication made by the Asansol Municipal Corporation on 9th January, 2017, depicting several shortcomings/deficiencies in seeking permission for holding "Saansad Mela" at the Divisional Railway Stadium (Loco Ground), Asansol, District - Burdwan. The learned Single Judge, while examining the matter, took into consideration the contents of the letter dated 9th January, 2017, issued by Asansol Municipal Corporation indicating the several shortcomings/deficiencies in seeking permission for holding the Mela at the Loco Ground and came to a conclusion that the conditions imposed in the said letter needed to be revisited. The Court felt that it would be prudent if the Mayor himself took up the responsibility and decided the application filed by the writ petitioners seeking permission for holding the Mela at the Loco Ground. The learned Single Judge observed that since the Mela was scheduled to be held on and from 12th January, 2017, it was expected that the Mayor would take a final decision on 11th January, 2017 and communicate the same to the petitioners forthwith. The learned Single Judge also made the following observations:- "It is expected that the Mayor would decide the application without being influenced by any extraneous factor and also bearing in mind that the same is intended for bringing the awareness amongst the citizen of the city. Nothing in this order shall be construed to create influence in the mind of the Mayor who shall take independent decision nor the Mayor shall be swayed by the conditions imposed in the impugned notice dated 9th January, 2017." ;