SAIYAD KHAYBAR ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this art.226 petition dated December 2, 2011 is alleging inaction on part of the Sub-divisional Officer, Contai, Purba Medinipur in that the officer has not considered a representation dated November 18, 2011 (at p.15). Counsel submits as follows. Local people removed the previous corrupt Mohalladar and appointed the petitioner as the Mohalladar, and as such the petitioner is entitled to organize Muharram. THE committee concerned has also recommended the case.

(2.) THE Sub-divisional Officer oblivious of the religious sentiment, has not granted the petitioner licence to organize Muharram. Counsel for the State submits that it is not possible for the Sub-divisional Officer to decide whether local people have appointed the petitioner as the Mohalladar. His submission is that with a pure private dispute with the person who has been organizing Muharram the petitioner has approached the Writ Court.

(3.) IF the petitioner has a fundamental right to perform, observe, celebrate or organise Muharram, for exercising the right no licence from any authority is necessary. Neither the officer nor this Court is supposed to decide whether the previous Mohalladar indulged in corruption and was duly removed. For these reasons, the petition is dismissed. No costs. Certified xerox.