All India Muslim Personal Law Board (Aimplb) Represented By Md Quamruzzaman And ANR v. Union Of India And ORS.

24.04.2025 W.P.A. 9045 of 2025 Item No.221 Ct. No.35 dc.

All India Muslim Personal Law Board (for short AIMPLB) and another versus The Union of India and others Mr. Firdous Samim, Ms. Gopa Biswas, Mr. Rishabh Ahmad Khan ... For the Petitioners.

Mr. Ashok Kumar Chakraborty, Ld. ASG., Mr. Kumar Jyoti Tiwari, Sr. Adv., Ms. Anamika Pandey ... For the Union of India.

Mr. Kishore Datta, Ld. Advocate General, Mr. Sirsanya Bandopadhyay, Sr. Standing Counsel, Mr. Vivekananda Bose, Mr. Debangshu Dinda ... For the State-respondents.

Affidavit-of-service filed in Court today be kept with the record.

Petitioners applied before the Colonel, Colonel Land for General Officer Commanding Land Headquarters, Bengal Area, 246 AJC Bose Road, Alipore, Kolkata-27 for the purposes of conducting a meeting at Brigade Parade Ground, Kolkata on 26.04.2025 from 1.00 P.M. to 6.00 P.M. for a discussion on Waqf Amendment Act, 2025. Such application was made on 12th April, 2025.

By a communication dated 21st April, 2025, Colonel, Colonel (Land) for General Officer Commanding, it was informed to the applicant as follows :

"Permission for conduct of meeting at Brigade Parade Ground on 26 Apr 2025, is NOT granted to your organization."

Mr. Chakraborty, learned ASG appearing for the Union of India has taken a preliminary objection relating to maintainability of the writ petition in respect of the petitioner no.2 representing the petitioner no.1 which has been registered under the Societies Registration Act XXI of 1860. Learned ASG has assigned number of reasons including the factum of the subject-matter in respect of which the prayers have been advanced as also the existing present scenario.

Learned Advocate General appearing on behalf of the State-respondents submits that the owner of the property happens to be the Army and there is limited supervision of the Commissioner of Police, Kolkata as well as the other services being rendered for upkeep of the said ground by the Kolkata Municipal Corporation.

I have considered the communication dated 21st April, 2025 made by the Colonel, Colonel (Land) for General Officer Commanding to the petitioner no.2 which is devoid of any reason. Consequently, I direct that the petitioners be informed by way of a reasoned communication/order in respect of the reservations, if any, of the Army to grant permission for holding the meeting at Brigade Parade Ground at the earliest preferably within a period of 24 hours. The respondent no.11 would

also be at liberty to communicate his decision by way of an e-mail to the petitioner no.2.

In view of the grounds on which the communication made by the respondent no.11 is directed to be revisited, it would be needless to state that this Court has not entered into the merits of the writ petition.

With the aforesaid observations, the writ petition being WPA 9045 of 2025 is disposed of. There will be no order as to costs.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)