S/L 15 19.11.2025 Court. No. 25 suvayan WPA 26333 of 2025 Kanailal Sarkar Vs. The State of West Bengal & Ors. Mr. Billwadal Bhattacharyya, Sr. Adv. Mr. Anish Kumar Mukherjee Ms. Megha Datta Mr. Tamoghna Pramanick …for the petitioner. Mr. Swapan Banerjee Mr. Soumen Chatterjee …for the State. Mr. Moyukh Mukherjee Ms. Sagnika Banerjee Mr. Kaustav Bhattacharyya …for the respondent no. 7. 1. The petitioner has filed the present writ application praying for a direction upon the respondent no. 2 for grant permission to the petitioner and his organization to use microphones and speakers during holding meetings which is scheduled to be held on 21.11.2025 from 14.00 hours to 19.00 hours at the ground belonging to the respondent no. 7 at Chachai, 2 no. Camp, Post Office – Palla, Police Station – Memari, District – Purba Bardhaman. The petitioner says that on 12.11.2025 the petitioner has submitted an application to the SDO, Purba Bardhaman Sadar (South) through the O.C., Memari P.S. for grant of permission to hold a public meeting by the Bharatiya Janata Party. 2. On receipt of the said application, the Officer-in-Charge, Memari P.S., Purba Bardhaman by a letter dated 2 November 13, 2025 requested the petitioner to provide the following information: 1. Provide the volunteer list along with contact details. 2. Provide the route sketch map, how VIP will enter the Venue ground. 3. Provide the route sketch map how the supporter will enter in the Venue ground. 4. Where is the proposed VIP and other dignitaries car will be parked. 5. Where is the proposed Supporter’s Big and Small Vehicle will be parked area. 6. Provide the Permission Copy/NOC from Electricity Department. 7. Provide the Permission Copy/NOC from Fire Department. 8. Provide the Permission Copy/NOC from PWD Civil and Electrical Department. 3. The petitioner submits that the petitioner has provided the details with regard to serial nos. 1 to 5 and also obtained temporary electric connection from the concerned authorities. 4. The grievance of the petitioner in the present writ application is that there is no necessity to obtain any fire clearance certificate or any permission from the PWD Civil or Electrical Department on the ground that the petitioner is not making any construction at the place where the meeting is to be conducted. It is the main contention of the petitioner that the meeting will be conducted in a stage made with iron and cloth without 3 any roof and wall and as such in terms of Section 23A of the West Bengal Fire Services Act, 1950 it is not necessary for getting any permission for Fire Authority. 5. The petitioner has relied Section 30 of the Police Act and submits that the said provisions relates to public assemblies and processions and licensing. He submits that in the present case being aware of Section 30 of the Police Act, the petitioner has applied for grant of permission and obtained all the necessary no objection from the concerned authorities and thus the Fire authority cannot say to obtain permission from the concerned police for grant of fire permission. 6. Learned counsel for the petitioner further submits that as per Section 23A of the West Bengal Fire Services Act, 1950 a person who intends to erect a temporary structure or pandal with roof or walls made of straw, hay, ulu grass, golpata, hogla, darma, mat canvas or other like materials permission is required but the petitioner shall not make any temporary structure under the purview of Section 23A of the West Bengal Fire Services Act, 1950. The learned counsel for the petitioner submits that the petitioner is intending to hold the meeting in which 6000 to 7000 publics will be attending the said meeting and as such the petitioner has taken all the precautions so that no untoward incident would happen. 7. Learned counsel for the petitioner has also relied upon the judgment in the case of Himal Lal K. Shah vs. Commissioner of Polie, Ahmedabad and Another reported in (1973) 1 SCC 227 submits that 4 the Hon’ble Supreme Court has categorically held that the State cannot impose unreasonable restrictions as per Article 19(1)(b) read with Article 13 protects citizens against the State action. It has nothing to do with the right to assemble on private streets or property without the consent of the owners or occupiers of the private property. He submits that in the present case the petitioner has already obtained no objection from the proforma respondent. 8. He further submits that the place where the petitioner intend to hold the public meeting, in the said place every year the State use to grant permission to perform the Kali Puja and in the month of October, 2025 also in the said area the authority has granted permission to hold Kali Puja and thus there is no question of denying the petitioner to hold the public meeting in the said place. 9. Per contra, learned counsel appearing for the State submits that the petitioner has filed the present writ application without any cause of action. He submits that though the petitioner applied for the permission but the authorities are not denied with regard to such permission and as such the writ petition is not maintainable. 10. Learned counsel for the State submits that as the leader of opposition is attending the said meeting but the way to go to the said place is very narrow and the police authorities have to take appropriate steps to provide proper police protection and if this Court will allow 6000 to 7000 people to assemble in the said ground, the police 5 will face difficulties to provide proper police protection to the leader of opposition. 11. Learned counsel for the State further submits that in the case of Rituparna Sarkar Dutta vs. The State of West Bengal & Anr. in WP 568 of 2015 dated May 3, 2018 the Hon’ble Division Bench of this Court has fixed the guidelines with regard to determine the reasonable restriction and as such the State authorities are taking precautions so that no untoward incident would occur. The learned counsel for the State submits that though the petitioner praying for holding the meeting with 6000 to 7000 people but it is to be reduced up to 3000 people. He further submits that the petitioner shall not allow to use loudspeakers and microphones in high volume and the petitioner should maintain the loudspeaker in the permissible limit. 12. Heard the learned counsel for the respective parties. 13. Perused the materials on record, this Court finds that on 12.11.2025 the petitioner has applied for grant of permission to hold the meeting by the Bharatiya Janata Party in which the leader of opposition will also present. 14. On receipt of the said application, the Officer-in-Charge, Memari P.S., Purba Bardhaman has requested the petitioner to obtain necessary No Objection Certificate from the concerned authority. The petitioner has already obtained six permissions and also obtained the temporary electric connection from the electricity department. Only the question with regard to the No Objection Certificate from the Fire Department. It is the 6 specific case of the petitioner that the petitioner is not making the stage where the meeting is to be conducted is made with iron and cloth without any roof and wall and as such no fire permission is required. The petitioner has relied upon Section 23A of the West Bengal Fire Services Act, 1950 which reads as follows: “23A. Erection of temporary structure or pandals.-(1) A person who intends to erect a temporary structure or pandal with roof or walls made of staw, hay, ulu grass, golpata, hogla, darma, mat, canvas or other like material in an area where this Act is in force for use as a place where members of the public may assemble, shall apply to the Director or the superior nominated authority along with the prescribed fees for permission to erect such structure or pandal and such permission shall not be refused if the structure or pandal conforms to the conditions that may be prescribed in this hehalf. Provided that the State Government may prescribe by rules the essential requirements of a „Fire Safety Certificate‟ in respect of any class or classes of temporary structures or pandals.” 15. The petitioner is not going to make any temporary structure and the meeting will be conducted at stage made with iron and cloth without any roof and wall and thus this Court finds that Section 23A of the West Bengal Fire Services Act, 1950 is not applicable. But this Court of the view as the petitioner says that about 6000 to 7000 people will be gathered in the meeting, the fire service authorities shall also take necessary steps for deploying the fire tenders in an around the place where 7 the meeting would be conducted to avoid any untoward incident. 16. As regards the permission from the PWD Civil and Electrical Department, this Court finds that, the petitioner is not making any construction and the petitioner already obtained temporary electric connection from the concerned authorities. 17. Considering the above, the writ petition is disposed of by passing the following order: (a) The authorities are directed to allow the petitioner to conduct a public meeting in presence of the leader of opposition on 21.11.2025 from 2.00 p.m. to 7.00 p.m. but the gathering shall not be more than 5000. (b) The petitioner shall use loudspeakers and microphones in terms of the notification dated December 29, 2009 or any further amendment in the said notification as per permitted limit. (c) The Sub-Divisional Officer shall to keep vigilance at the place of meeting to avoid any incident. 18 The approach road from the main road towards the place where the meeting is to be conducted, the State authorities and the concerned O.C of the concerned P.S. shall make necessary arrangement so that the leader of opposition shall not face any hindrance to reach the place of meeting. 19 The petitioner is also directed to maintain the law and order at the time of conducting the meeting from 2.00 8 p.m. to 7.00 p.m. so that breach of peace of the area shall not be disturbed. 20 Though the instant writ petition is disposed of without calling of the affidavits at the motion stage, all the allegations made therein are deemed to have been denied. 21 WPA 26333 of 2025 is disposed of. 22 Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Krishna Rao, J.)