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2017 DIGILAW 804 (CAL)

Biswajit Ruidas v. State of West Bengal

2017-09-22

HARISH TANDON, RAKESH TIWARI

body2017
JUDGMENT : 1. The petitioners claiming themselves to be the members of the Hindu community residing in Rajarhat No. 1 Gram Panchayat, Rajarhat-Bishnupur No. 2 Gram panchayat and Rohanda-Chandigarh Gram Panchayat in different villages within the jurisdictional limits of the Rajarhat police station. According to the petitioners, the aforesaid community is observing the customs of immersion of idols since many years and such immersion used to be made through a particular site on the permission of the proforma respondent Nos. 9 and 10 who had easementary right over the path leading to a particular site of the canal along with northern side of Bhaturia canal. 2. The aforesaid arrangement is continuing since last 50 years and even in 2016 when the barricade constructed by the respondent No. 8 was removed by an order of the administrative officer. The entire allegation is against the police administration in not taking any step to preserve and secure the sentiments of such religious spirited persons in removing the barricade put by the said respondent No. 8. It further appears from the instant application that the administration had earmarked the site for immersion of those idols which, according to the petitioners, is not fit and suitable because of the lack of proper infrastructure provided by the administration. It is further stated that there is no concrete embankment prepared by the administration at the proposed site and any incident may occur at the time of immersion. Apart from the same, it is further stated that if the idol has to cross the road or the pathway to reach the said proposed site there is every chance of getting electrocuted because of the overhead electric wire passing across the said passage. 3. To fructify the aforesaid statements it is submitted on behalf of the petitioners that in the past year an incident was noticed while immersing the idol when two peoples of the villages were electrocuted and succumbed to death. 4. Learned Advocate General suggests that all arrangements shall be made not only rendering the embankment suitable for smooth immersion of the idols at the said canal but raising of the long electrical wire running across or along with the passage or the pathway of the procession. 4. Learned Advocate General suggests that all arrangements shall be made not only rendering the embankment suitable for smooth immersion of the idols at the said canal but raising of the long electrical wire running across or along with the passage or the pathway of the procession. It is further informed to this Court by the learned Advocate General that the entire arrangement shall be completed much before the date for immersion of the idols and the infrastructure required for smooth immersion at the canal shall be made in course of this week. 5. Learned Advocate General further submits that the site which was used for immersion is for last several years belongs to an individual and they have raised objection upon production of the title deed. 6. We do not feel that the petitioners has been able to make out any case that they have acquired any right, title and interest or the right appertaining to the title over the said land at the previous site of the immersion. It is an obligation of the State or its instrumentality to earmark the site for immersion of the idols and shall also ensure that no casualty or any incident happens. It is their further obligation to make all arrangements and perform such duties which would augment the smooth immersion of the idols at the proposed site and if necessary all appropriate steps shall be taken. 7. It appears from the argument advanced by the learned Advocate General that the State is not unmindful of the difficulties and has already taken steps to do the needful so that the puja is performed by the petitioners in a smooth manner without any untoward incident. The petitioners ought to have faith and trust upon the administration and we believe that the State could do its part as has been fallen from the learned Advocate General for the State. 8. The State is directed to complete all works at the embankment of the proposed site well at least four days before the date for immersion of the idols. 9. The State is further directed to see that the electric lines which may put any hindrance in the smooth passage of the procession at the time of immersion of the idols shall be raised to a considerable safe height. 10. With the above observations, the writ petition is disposed of. 9. The State is further directed to see that the electric lines which may put any hindrance in the smooth passage of the procession at the time of immersion of the idols shall be raised to a considerable safe height. 10. With the above observations, the writ petition is disposed of. There will be no order as to costs.