Calcutta High Court
Shree Shree Laxmi Narayan Jew Rep By vs Its Shebaits Sri Debabrata Saha & Ors on 12 July, 2017
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
ACR No.1 of 2017
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
IN THE MATTER OF:
SHREE SHREE LAXMI NARAYAN JEW REP BY -
Versus
- ITS SHEBAITS SRI DEBABRATA SAHA & ORS.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 12th July, 2017.
The Court: All the shebaits have joined in this petition praying, inter alia, for development of a vacant land measuring about 4 Cottah 11 Chittack apprised in southern side of the premises No.47E, Balaram Majumder Street, P.S. Shyampukur Kolkata 700005. The petitioners have disclosed an agreement entered into with the developer wherefrom it appears that the petitioner would get 50% share in the constructed area. It is submitted that the deity would be installed at a place out of the owner's allocation. The petitioners have been able to make out a legal necessity to have the said property sold. However, in my view the private negotiation should not be allowed as the deity is entitled to get the fullest benefit of the property as the deity is the owner of the property. The interest and welfare of the deity is paramount.
Under such circumstances, the petitioner shall advertise for development of the vacant land measuring about 4 Cottah 11 Chittack more or less of the premises in question once in the English daily "The Times of India" and once in 2 the Bengali daily "Bartaman". The draft notice of development shall be settled by the Registrar, High Court, Original Side. The development notice may be published on a short cause title. The intending developers should be permitted to inspect the property and seek all necessary information from Mr. Triptimoy Talukdar of 12 Old Post Office Street Ground Floor concerning the property in question. The intending developers shall submit their offer with Mr. Triptimoy Talukdar, Advocate at least one week prior to the returnable date and it would be open for the offerers to be represented at the time of considering the offers to be received by Mr. Triptimoy Talukdar. The advertisement shall be made within two weeks from date.
The matter is made returnable six weeks hence at 2 p.m. The returnable date shall be specifically mentioned in the notice of publication. Any other persons interested in the property may also be allowed to be represented.
(SOUMEN SEN, J.) sp/