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2017 Supreme(Cal) 59

BISWANATH SOMADDER, SANKAR ACHARYYA
Me 2 We Foundation – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Mr. Kishore Datta, Sr. Adv. Mr. Mainak Bose, Mr. Siddharth Sharma, Ms. Priyanka S. Tibrewal.
For the State : Mr. Supriyo Chattopadhyay, Mr. Sabyasachi Mondal.
For the Municipality : Mr. L.K. Gupta, Ld. AAG, Mr. Hiranmay Bhattacharyya, Mr. Saunak Bhattacharya.
For the Ministry of Railways : Mr. Anirban Datta.

JUDGMENT :

Biswanath Somadder, J.

1. Let the affidavit of service filed in Court today be taken on record.

2. Let the supplementary affidavit filed in Court today on behalf of the appellants be also taken on record.

3. 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.

4. 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 th



































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