Abdus Salam Shekh v. State Of West Bengal And ORS.

20.03.2026 Court No.25 D/L No.11 S. Gayen

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1180 of 2024 Abdus Salam Sekh

Versus

The State of West Bengal & Ors.

Ms. Joyee Maiti ...for the Petitioner Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal ...for the State

1. The petitioner has filed the present writ application for grant of arm license before the respondent No.2 but the respondent No.2 has not considered the application of the petitioner for grant of arm license. Accordingly, the petitioner has filed the present writ application.

2. By an order dated 19th July, 2023, this Court has disposed of the writ petition of the petitioner by directing the respondent No.3 to consider the representation of the petitioner in accordance with law within six weeks from the date of communication of this order after giving an opportunity of hearing to the petitioner.

3. Learned counsel for the petitioner submits that after the order passed by this Court, the respondent No.3 has passed the impugned order dated 4th September, 2023 by rejecting the request of the petitioner for grant of arm license on the ground that the Superintendent of Police, Birbhum raised a strong objection from the police point of view.

4. This Court finds that the respondent No.3 has rejected the request of the petitioner on the ground of objection raised by the Superintendent of Police, Birbhum but the reason of objection by the police has not mentioned in the impugned order and the impugned order passed by the respondent No.3 also not having any reasons or findings.

5. Considering the above, the impugned order dated 4th September, 2023 is set aside and quashed. The respondent No.2 herein is directed to consider the request of the petitioner afresh by giving an opportunity of hearing to the petitioner and if the respondent No.2 relies upon any report of the police authority or the concerned authority, the report shall be served upon the petitioner and the petitioner will deal with the said report. The respondent No.2 is directed to complete the process within a period of six weeks from the date of communication of this order.

6. WPA 1180 of 2024 is disposed of.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

8. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)