Calcutta High Court (Appellete Side)
Chandrasekhar Mondal & Ors vs The State Of West Bengal & Ors on 2 August, 2022
Author: Shampa Sarkar
Bench: Shampa Sarkar
S/L 376(ML)
02.08.2022
Court. No. 19
GB
WPA 4159 of 2021
Sri Sri Iswar Durgamata Thakurani &
Sri Sri Iswar Narayan Jew Thakur, represented by
Chandrasekhar Mondal & Ors.
VS
The State of West Bengal & Ors.
Mr. Sabyasachi Mukhopadhyay,
Ms. Koushikee Banerjee.
... for the Petitioners.
Mr. Sudipto Panda,
Mrs. Munmun Tewary.
... for the State.
Mr. Rajdeep Bhattacharya.
... for the Respondent nos.6 & 10.
Affidavit-of-service filed in Court today, be kept with the record.
The petitioners allege that the respondent nos.6 to 10 being the men and agents of the defendants in Title Suit No.26 of 1988 and Title Suit No. 19 of 2012, have been continuously disturbing the petitioners' possession in respect of the property situated at part of the plot nos.3948, 3139 and 3271, pertaining to Khatian No.1337 under Mouza- Bagshan.
It is submitted that the property is a debutter property and the right, title and interest of the deity, had been upheld in two civil suits. The deity is represented by the shebaits.
Mr. Bhattacharya, learned advocate appearing on behalf of the respondent nos.6 to 10 denies the allegation of encroachment, trespass or disturbance.
The petitioners pray for police protection, so that the right, title and interest of the deity in respect of the debutter 2 property is preserved. The property must be saved from encroachment and damage.
The police authorities have filed a report, from which it appears that the police authorities made an enquiry and found that the property allegedly belonged to one late Gagan Mondal. His widow, late Bhakta Bala Dasi @ Mondal being childless created a debutter of the property in the name of Sri Sri Iswar Durgamata Thakurai and Sri Sri Narayan Jew Thakur. Late Amar Kumar Mondal and late Debabrata Mondal were the shebaits as per the deed. In 1982 late Bhakta Bala Dasi by another deed removed the names of late Amar Kumar Mondal and late Debabrata Mondal as shebaits. Later in 1984, the property was sold to Mrinal Kanti Roy and Amit Kumar Roy, son of late Sunil Kumar Roy. Challenging such sale, the petitioners filed Title Suit No.26 of 1988. The suit was decreed in favour of the petitioners. The dispute is between the shebaits and the respondent nos.6 to 10. The respondent nos.6 to 10 claim through the subsequent sale, which was set aside by the civil court.
In any event, the police authorities found that the issues were civil in nature and as such, directed the parties to maintain law and order. It also appears that the police authorities are keeping a sharp vigil, so that no untoward incident takes place.
Under such circumstances, the writ petition is disposed of with a direction upon the Officer-in-Charge, Monteswar Police Station to ensure law and order is maintained and no untoward incident takes place. A sharp 3 vigil shall also be maintained by the police authorities. If the situation so arises, the petitioners are at liberty to approach the Superintendent of Police with a request for police posting at their own costs. If such prayer is made, the same shall be disposed of in accordance with law.
Accordingly, the writ petition is disposed of. However, there will be no order as to costs. All the parties are directed to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)