08. 08. 16.09.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 23169 OF 2026 SRI ANAND KUMAR SHAW AND OTHERS VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Anubhab Sinha, Adv. Mr. Bikash Shaw, Adv. …For Petitioners Mr. Billwadal Bhattacharyya, AAG Mr. Rachit Lakhmani, Adv. Mr. Krishnendu Bera, Adv. …For State Mr. Samim Ahammed, Adv. Ms. Ambiya Khatun, Adv. …For Respondent Nos.8 & 9 1. Affidavit-of-service filed on behalf of petitioners is taken on record. 2. Matter is taken up for consideration in presence of learned advocates representing petitioners, State respondents and respondent nos.8 & 9. 3. By presenting this writ petition petitioners have prayed for direction upon concerned police authority to take immersion procession of Lord Ganesh idol through a particular route which was negated by the concerned police authority. By filing a supplementary affidavit, which was affirmed on 8th September, 2026, memo dated 3rd September, 2026 of Deputy Commissioner of Police, North Zone, Barrackpore Police Commissionerate is placed before this Court whereby petitioners were directed to follow traditional route used for procession as delineated therein. 4. Learned advocate representing petitioners submits that police authorities are not entitled to compel puja organizers to follow a particular route to take the [2] immersion procession for immersion of idol. According to petitioners, they have right to select their own route to organize the immersion process. In support of such contention, reliance is placed on the judgment of a co-ordinate Bench dated 19th April, 2024 passed on a writ petition being WPA 11134 of 2024 (Visha Hindu Parishad vs. State of West Bengal and others). 5. Mr. Billwadal Bhattacharyya, learned Additional Advocate General representing State respondents has opposed this writ petition and has made submissions in order to substantiate the contents of said memo dated 3rd September, 2026 issued by Deputy Commissioner of Police, North Zone, Barrackpore Police Commissionerate. 6. On behalf of State respondents a communication dated 7th September, 2026 of Inspector-in-Charge, Halisahar Police Station, Barrackpore Police Commissionerate is placed before this Court and same is taken on record. Copy of the said communication dated 7th September, 2026 is made over to learned advocate representing petitioners. 7. On perusal of memo dated 3rd September, 2026, it appears that Deputy Commissioner of Police, North Zone, Barrackpore Police Commissionerate being respondent no.4 has expressed concern in the event petitioners follow different route by taking their procession through Nelson Road (Dwarik Jungle Road). It was found by the concerned police authority that the route proposed by petitioners is not the traditional route and if procession for immersion of Lord Ganesh idol is taken through the proposed route, that may lead to communal tension. Consequently, [3] petitioners were directed to follow traditional route as indicated in the said memo dated 3rd September, 2026. 8. Though it is contended on behalf of petitioners that following of traditional route for immersion of Lord Ganesh idol would be inconvenient since puja organizers have to cover a longer distance to reach immersion point but taking note of the concern expressed by respondent no.4, this Court refuses the prayer of puja organizers to follow the route selected by them and they need to follow the route prescribed by concerned police authority. 9. It is true that petitioners have right to take steps for immersion of idol but at the same time police authority is empowered to take decision to maintain law and order situation. 10. In Visha Hindu Parishad (supra) purpose of conducting procession was different. On the occasion of Ram Nabami organizers therein approached this Court seeking permission to hold procession. The co- ordinate Bench while disposing of the writ petition permitted organizers to hold Ram Nabami procession by following certain restrictions. Here petitioners have come before this Court for immersion of Lord Ganesh idol. Which route is to be followed by organizers while conducting immersion procession is not important, immersion of idol is important. 11. In aforesaid conspectus this Court does not find any impediment in directing petitioners to follow the route prescribed by concerned police authority. 12. Present writ petition is disposed of thereby permitting petitioners to follow the route prescribed by [4] respondent no.4 as it was indicated vide memo dated 3rd September, 2026. 13. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)