Swarnendu Ghosh v. The State Of West Bengal And ORS

25.02.2026.

Item No.30 Court No.05 BR

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 1110 of 2025 Swarnendu Ghosh -vsState of West Bengal and Ors.

Mr. S.Ganguly, Mr. B.Tarafdar, Ms. R. Chakraborty ... for the petitioner Ms. B. Bose, Ms. Rima Sarkar ...for the State 1.

The writ application has been preferred praying for direction upon the respondents to pay monetary compensation to the petitioner and further directing an enquiry/investigation by an appropriate authority or any superior officer over the misconducts on the part of the respondents on the ground that the respondent no. 5 is the officer who conducted the seizure and also prepared the seizure list dated 29.2.2024.

2.

It is further submitted that in spite of petitioner being in possession of a valid arms license sanctioned in the year 2018, he had to face the investigation and was also detained in custody because of the respondent no. 5 not seizing the license which was issued in favour of the petitioner herein and was valid.

3.

The petitioner's prayer for compensation is against a Government Officer, who prima facie conducted the said seizure in course of his duty and whether the said conduct is malicious or not is not for a writ Court to decide.

4.

The same has to be considered by his superior authority, who may be approached by the petitioner

herein and the superior authority shall consider the said representation made by the petitioner if any on hearing all the parties, in accordance with law. 5.

WPA 1110 of 2025 stands disposed of.

6.

Urgent Photostat certified copy of this order, if applied for, be given to the learned counsel for the parties on usual undertakings.

(Shampa Dutt (Paul), J.)