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Calcutta High CourtWPA/26388/2023disposed

Rafikul Mandal v. State Of West Bengal And ORS.

2023-11-23Hon'Ble Justice Jay Sengupta2 pages

23.11.2023 WPA 26388 of 2023 Rafikul Mandal -vsState of West Bengal & ors..

Mr. Sabyasachi Chatterjee Mr. Sandipan Das Mr. Badrul Karim Mr. Kiron Sk Mr. Dipankar Dan Ms. Indrani Roy ...for the petitioner Mr. Biswabrata Basu Mallick Mr. Biman Halder ...for the State Affidavit of service filed on behalf of the petitioner is ssi Ct 14 taken on record.

Learned counsel for the writ petitioner is aggrieved that his client is not being given permission by the State to hold a religious gathering at Kamdebpur under Police Station- Gopal Nagar, North 24 Parganas because he seeks to invite Pirzada Md. Abbas Siddiqui. Similar situation had arisen last year. The petitioner was constrained to move this Court and an order was passed on 24.11.2022 in WPA 25855 of 2022 directing the State to grant permission to hold such 'Jalsa'.

Learned counsel for the State denies the allegations made in the writ petition and submits that the State, in fact, had no objection to the petitioner holding such 'Jalsa'. But, the same has to be according to the applicable rules.

The petitioner undertakes to hold a peaceful 'Jalsa' strictly in accordance with law and the applicable rules. Let the respondent authorities permit the petitioner to hold 'Jalsa' at the said venue on 30.11.2023. There shall be no use of foul language or inciting of violence.

If any audio instrument is used, the same has to be within permissible sound limits.

With these observations, the writ petition is disposed of.

As affidavits were not called for, allegations made are deemed not to have been admitted.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Jay Sengupta, J.)