Calcutta High Court (Appellete Side)
Khudiram Ghosh & Ors vs The State Of West Bengal & Ors on 22 July, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
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In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side.
Present:
The Hon'ble Mr.Justice Jayanta Kumar Biswas.
W.P.No.4716(W) of 2011
Khudiram Ghosh & Ors.
v.
The State of West Bengal & Ors.
Mr. Saktinath Mukherjee
Mr.Ayan Banerjee .. for the petitioners.
Mr.Ashok Banerjee, Government Pleader
Mr.Susavan Sengupta .. for the State.
Heard on: July 22, 2011.
Judgement on: July 22, 2011.
The Court:- The petitioners made a gift of the lands in question for setting up of
a Vocational Training Institute. In the deed of gift dated July 9, 2000 it was
specifically mentioned that the institute would be set up in village-Karakanali
within the jurisdiction of Simlapal police station, and that it would be named
'Biren Mahanti Memorial Institute'.
The gift was accepted by the District Magistrate & Collector, Bankura on
behalf of the Governor of the State of West Bengal. All steps were taken for
naming the institute in terms of what was stated in the deed. Recently steps
were taken to change the name. Feeling aggrieved the petitioners brought this
petition.
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Mr.Banerjee, Government Pleader, appearing for the State finds little to say
in justification of the steps taken by the respondents to change the name. Mr.
Mukherjee appearing for the petitioners has submitted that the decision to change the name of the institute has been taken arbitrarily.
In my opinion, once the State decided to accept the gift with the terms and conditions mentioned in the deed under which the gift was made, without any valid reason they should not have decided to change the name of the institute. In all fairness they ought to have accepted the name mentioned in the deed under which the gift was made.
For these reasons, I dispose of the petition directing the respondents not to change the name of the institute and to give the name of the institute mentioned in the deed of gift. No costs. certified xerox.
(Jayanta Kumar Biswas, J.)