SOURAV DUTTA & ANR. Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2018-10-99
HIGH COURT OF CALCUTTA
Decided on October 10,2018

Sourav Dutta And Anr. Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

DEBASISH KAR GUPTA, J. - (1.) This writ application is filed by two writ petitioners by way of public interest litigation. The petitioner no.1 resides in the State of West Bengal and the petitioner no.2 is a practising Advocate in this Court.
(2.) According to the writ petitioners, the State Government decided to extend grant to 28000 Puja Organiser for organizing Durga Puja in the year 2018 apart from extending the benefit of waiver of licence fees for fire safety certificate and other licence fees. It is the further contentions of the petitioners that the extension of benefit of the above grant has been announced without any formal Notification in the name of the Governor of West Bengal, as appears in a news report dated September 11, 2018 published in a daily newspaper "Indian Express". According to the above report, 3000 Durga Committees in Kolkata and 25000 Puja Committees across the State of West Bengal will get Rs. 10,000/- each.
(3.) According to the petitioners, there is no public purpose involved in organizing Durga Pujas rather it is a religious programme. It is the further contention of the petitioners that no public purpose will be served by granting money and/or handing out concession to the Durga Puja Organizers and for that reason, the above decision of the State Government, is violative of the provisions of the Article 282 of the Constitution of India. As a consequence, according to the petitioners, the State funds, which consist of payment of various taxes by the bona fide citizens are utilized for religious purpose offending the spirit and object of Article 27 of the Constitution of India. According to the petitioners, granting of money and concession for Durga Pujas amounts to patronizing and/or favouring a particular religion and/or a religious community over all others by the State Government thereby violating the provisions of Articles 14 and 15 of the Constitution of India.;


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