The Calcutta High Court has intervened in a dispute over the organisation of Durga Puja on railway land in Sealdah, allowing an Eastern Railway employees’ union to hold the festival alongside the Sealdah Railway Athletic Club. The Division Bench of Justice Shampa Sarkar and Justice Arjun Ray Mukherjee set aside the earlier order after finding that the union’s permission had been withdrawn without giving it an opportunity to be heard or recording reasons for the decision.
Background
The union challenged the order dated October 6, 2026, which had permitted the Sealdah Railway Athletic Club to organise Durga Puja on the railway ground. The union argued that it had also received permission to perform Khuti Puja, the ritual marking the beginning of Durga Puja, at the same location.
The union further submitted that it had deposited the required fees and that its permission was cancelled without reasons. The Railway authorities explained that a dispute between the two groups had arisen on the day of Khuti Puja and that the cancellation was an administrative measure intended to control the situation.
The High Court found that the union had initially been permitted to perform Khuti Puja alongside the Athletic Club. However, its permission was subsequently withdrawn without giving it an opportunity to be heard. The authorities had also failed to record what had happened during the dispute or explain why the union alone had lost its permission.
The Bench observed that the Athletic Club's permission had not originally excluded the union. It also took note of the fees deposited by the union and the absence of recorded reasons supporting the withdrawal.
Emphasising the public character of the festival, the court stated:
"Puja is not the private affair of the organizers, but it is for the citizens."
The Bench also clarified that organisers could not claim independent or vested rights beyond those arising from compliance with the prescribed procedures.
Setting aside the impugned order, the High Court directed the Railway authorities to allow the union to organise Durga Puja in a demarcated portion of the same ground, subject to compliance with all other formalities.
The union was not entitled to an equal share of the ground because the Athletic Club had already constructed its pandal. The authorities were directed to demarcate the respective area within 24 hours, based on communications received from the advocates representing both sides.
Both groups were instructed to maintain peace, respect each other's sentiments and cooperate with the authorities. The police were directed to remain vigilant and provide necessary assistance. The advocates representing the parties were also appointed as observers during the demarcation process.
The court clarified that its directions applied only to the 2026 Durga Puja and would not create any continuing rights in favour of either party.
Both appeals and their connected applications were disposed of accordingly.
