D/L 12 25.03.2025 Court No.14 PRADIP IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 5964 of 2025 Shabbir Ali Mirza Vs. The State of West Bengal & Ors. Mr. Shamit Sanyal Mr. Sabyasachi Roy …for the Petitioner. Mr. Susanta Pal Ms. Ananya Neogi …for the State. Mr. F. Ghaffar …for the Respondent nos. 5 & 7. 1. The petitioner complains that, the District Magistrate has not taken any steps to consider the complaint lodged by the petitioner against the illegal blockage/obstruction of the egress and ingress of the Sibtainabad Immambarah (Sahi Immambarah) at P-34, Nawab Wajid Ali Shah Road, Garden Reach, Kolkata- 700024. 2. It has been submitted that, during the holy month of Ramzan the place remains hugely crowded and if the stalls are not removed, it will be difficult for the visitors to access the said place. Photographs of the frontage of the Immambarah have been annexed to the writ petition. 3. Learned advocate representing the State respondents has obtained instructions from the Officer-In-Charge Garden Reach Police Station and Officer-in-Charge Metiabruz Police Station. 4. It appears that, a criminal case was registered vide Metiabruz PS Case no. 43 dated 13th March, 2025 under 2 Section 285 BNS. The report of the Garden Reach Police Station mentions that, three persons were arrested on 12th March, 2025 and prosecuted under Section 40 II 66 Calcutta Police Suburban Act and the same has been diarized vide Garden Reach PS GD Entry no. 885 dated 12th March, 2025. Watch is being maintained so that no obstruction is made at the entrance of the Immambarah. 5. It has been learned from the Manager of the Immambarah that no permission was granted to any person for installation of temporary stalls in front of the main gate. 6. It has further been mentioned in the report that one of the arrested persons happens to be the staff of the Immambarah. 7. Learned advocate representing the private respondent submits that, they are not obstructing the entrance of the Immambarah. Temporary stalls, leaving the entrance, have been set up for selling skull caps during the holy month of Ramzan. 8. Learned advocate representing the private respondents undertakes that, immediately at the end of the holy month, stalls will be removed. 9. Upon hearing the parties and on perusal of the materials placed before this Court, it appears that, temporary stalls have been set up without any permission. 10. The District Magistrate is directed to ensure that the egress and ingress of the entrance of the Immambarah remains obstruction free and the visitors do not face any problem while accessing the holy site. 3 11. Necessary steps in accordance with law shall be taken by the District Magistrate in the event any contravention is detected. 12. The writ petition stands disposed of 13. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities. (Amrita Sinha, J.)