Form No. J.(2)

Item No. SDL/1 ARPAN - AR (CT)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.A. NO.26336 OF 2025 NABENDU SUNDAR NASKAR

Vs.

THE STATE OF WEST BENGAL & OTHERS

BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA

For the Petitioner : Mr. Billwadal Bhattacharyya, Sr. Adv.

Mr. Anish Kumar Mukherjee, Adv.

Ms. Megha Datta, Adv.

Mr. Tamoghna Pramanick, Adv.

For the State : Mr. Samrat Sen, Asst. Addl. AG

Mr. Amrita Lal Chatterjee, Adv.

Hearing concluded on : 21.11.2025 Judgment On : 21.11.2025

SAUGATA BHATTACHARYYA, J.:

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. A person belonging to a particular political party has come forward with

the present writ petition praying for a direction upon the jurisdictional police authorities to permit the said political party to organize a rally

and hold a meeting at the end of such rally on 24^th November, 2025 in between 1:00 pm and 6:00 pm. In this regard, a representation has been made to the Superintendent of Police, Sundarban Police District on 15^th November, 2025 intimating that a rally is to be organized on 24^th November, 2025 which will proceed through Mandir Bazar Bus Stand via Mandir Bazar Choto Mandir to Jagadishpur Gosta Tala Math (Mela Ground) and said Mela ground would be the culmination point where meeting is to be organized.

3. Prayer is made in this writ petition for giving necessary directions upon the jurisdictional police authorities which would facilitate the party volunteers to organize the programme as delineated in the representation dated 15^th November, 2025.

4. It is submitted by Mr. Billwadal Bhattacharyya, learned Senior Advocate representing the petitioner that in spite of submitting such representation on 15^th November, 2025, till date no formal permission is accorded by the concerned police authorities and the concerned Sub- Divisional Officer whereas programme is scheduled on 24^th November, 2025, prompting the petitioner to approach this Court seeking necessary direction.

5. In support of the case made out in this writ petition, reliance is placed on orders dated 3^rd November, 2025 passed by a Co-ordinate Bench on the writ petition being WPA 24921 of 2025 (Abhijit Tah vs. The State of West Bengal & Ors.) and dated 29^th October, 2025 passed by another Co-ordinate Bench on a writ petition being WPA 24500 of 2025 (Nabendu Sundar Naskar vs. The State of West Bengal &

Ors.)

6. It is further submitted on behalf of the petitioner that against the order passed in Abhijit Tah (supra), intra-Court appeals were preferred and the Hon’ble Division Bench by order dated 4^th November, 2025 changed the date of rally and to that extent only order of the Learned Single Bench was modified.

7. Mr. Samrat Sen, learned Assistant Additional Advocate General representing the State respondents has made submissions based on written instructions dated 21^st November, 2025 and has opposed the prayer of the petitioner. A communication dated 21^st November, 2025 of the Inspector-in-Charge, Mandir Bazar Police Station, Sundarban Police District is placed before this Court and same is taken on record.

8. It is contended that the said rally which is proposed to be organized on

24^th November, 2025, will proceed through Jagadishpur village and will move further to reach at the culmination point, which is Jagadishpur Gosta Tala Math (Mela Ground). According to the police authorities, said Jagadishpur village is a congested area and Mandir Bazaar Choto Mandir situates on the middle of the road. Therefore, there will be difficulty in organizing the said rally peacefully.

9. It is also submitted on behalf of the State respondents that considering the number of participants in the proposed rally and as Mandir is situated on the middle of the road for which area remains crowded, situation may arise which will be beyond the control of the police authorities.

10. While considering the submissions made on behalf of the parities, this Court has come across a