Calcutta High Court
Charitable Trust And Ors vs The Kolkata Municipal Corporation And ... on 6 November, 2025
OD-2
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
WPO/1036/2024
PROTAP CHUNDER MAZOOMDER MEMORIAL
CHARITABLE TRUST AND ORS.
VS.
THE KOLKATA MUNICIPAL CORPORATION AND ORS.
BEFORE:
The Hon'ble JUSTICE RAJA BASU CHOWDHURY
Date : 6th November, 2025.
Appearance:
Mr. Kallal Guha Thakurata, Adv.
Md. Wasim Rahaman, Adv.
Mr. Dipankar Dutta, Adv.
...for the petitioner
Mr. Biswajit Mukherjee, Adv.
Ms. Manisha Nath, Adv.
..for the KMC
Md. Shafiul Alam, Adv.
Dr. Kalyan Mitra, Adv.
Ms. Biddya Das, Adv.
...for respondent no.5
The Court:-
1. The present writ petition has been filed challenging the order dated 21st July, 2023 whereby the Assessor Collector (North) had cancelled the mutation granted in favour of the petitioner bearing Case No.O/037/13-MAY-21/129525 and restored the mutation in respect of Premises No.84, Acharya Prafulla Chandra Road, Kolkata-
700009 under Ward No.37, Assessee No.110370122901 in the name of the previous owner. Records would reveal that at all material times prior to the petitioners, applying for mutation in respect of premises number 84, Acharya Prafulla Road, Kolkata, 700009., 2 WPO 1036 of 2024 under Ward no. 37, with Assessee No.110370122901 (hereinafter referred to as the "said property") stood recorded in the name of Pratap Chunder Mazoomdar Memorial Trust, a trust created and settled by one Saudamini Mazoomdar on 4th March 1928, by registered deed of trust bearing number 864 of 1928. Subsequently the mutation was allowed in respect of the said property by the Deputy Assessor-Collector (North) vide mutation case no.O/037/13- MAY-21/129525, where the name of "Sm Tulsi Karmakar, Sri Priya Ranjan Mukherjee, Sri Ambarish Bhattacharjee, Goutam Mondal, Md. Shahnawaz were recorded as trustees to the Protap Chunder Majumdar Charitable Trust. The mutation was thus, allowed by removing the name of the earlier owners "Sri Prafulla Ch Sen, Sri Anil Kr Maitra, Sri Sarajendra Nath Sen, Sri Amitava Neogi/Secretary, Sri Nikhil Ranjan Roy, Sm Renuka Roy, Sri Udyan Chatterjee, Sm Sud Sen, Sri Sati Kr Chatterjee - as trustees to the Pratap Chander Mazoomder Memorial Trust". It is an admitted position that, at the time of the grant of mutation, no hearing was given to the original recorded owners.
2. Being aggrieved with such action of Kolkata Municipal Corporation in substituting the original owners without giving opportunity of hearing to the recorded owners, a writ petition was filed before this Hon'ble Court which was registered as WPA No.27999 of 2022. Upon hearing the parties, the Co-ordinate Bench of this Court by an Order dated 31st January, 2023 had disposed of this writ petition by granting liberty to the aggrieved persons to file appropriate representation before the Assessor-Collector (North) with a direction 3 WPO 1036 of 2024 upon him to consider the same in accordance with law after giving a reasonable opportunity of hearing to all the necessary parties. In compliance of such direction and the aggrieved trustees to Pratap Chunder Mazoomdar Memorial Trust having made a representation, notices were issued not only to Protap Chunder Mazumder Charitable Trust but also to Pratap Chunder Mazoomdar Memorial Trust. Accordingly, written representations were also submitted by the contesting parties. After detailed hearing and upon examination of the Trust Deed of Protap Chunder Mazoomdar Memorial Trust, it has transpired that the Deed of Trust bearing No.06515/14 dated 09th September, 2014 which was registered at the office of ARA-III, Kolkata, was executed by one Md. Shahnawaz as Settlor. Interestingly, the name of the trust had been defined as Protap Chunder Mazoomdar Memorial Charitable Trust with its office at P- 34, Narkeldanga Main Road, Kolkata-700011. Several objects of the trust have been provided. It transpires that the trust created an endowment of Rs.10,000/- by setting apart and establishing a fund for the public charitable objects and purpose in India as expressed in the said Deed of Trust.
3. It appears from the Deed of Trust bearing no.2263/17 dated 3 rd May, 2017 registered at the office of ARA-III, Kolkata, one Priyaranjan Mukherjee had executed this deed of trust as a Settlor/Founder. The name of the trust had been defined as Protap Chunder Mazoomdar Memorial Charitable Trust with its office at 84, Acharya Prafulla Chandra Road, Kolkata-700009. Total 22 numbers of objects were declared there. Priyaranjan Mukherjee, the Settlor 4 WPO 1036 of 2024 therein, had by making an endowment of Rs 10,000/ by setting apart and establishing a fund for the public charitable objects and purpose in India expressed in this Deed of Trust and hence he had contributed a sum of Rs.10,000/- only for this purpose. The other trust deed of the petitioners executed on 9th September 2014, by Md Shahnawaz, son of Md Akbar, as settler would demonstrate that the settler had contributed Rs.10,000/- only and had agreed to settle the said amount to carry out the objects of the trust. The trust so created was in the name of Pratap Chandra Majumdar Memorial Trust. It was provided that the office of the trust shall be situated at P-34, Narkeldanga Main Road, Kolkata, 700011. One Ranjan Neogi and one Mustafa Nazir were the first trustees of the above trust.
4. From the aforesaid trust deeds, it is clear that no movable property formed the subject matter of trusts so created or was transferred or conveyed unto in favor of the trustee or trustees of Protap Chunder Mazoomdar Memoraial Charitable Trust through execution of either of the deeds. Only a fund of Rs.10,000/- was created and granted upon the trustees of the Protap Chunder Mazoomdar Memorial Charitable Trust. The trust did not involve the transfer of any immovable property far less transfer of premised no. 84, Acharya Prafulla Chandra Road, Kolkata-700009 from Pratap Chunder Mazoomdar Memorial Trust to Protap Chunder Mazoomdar Memorial Charitable Trust by way of execution of the aforesaid deeds.
5. It is in this factual backdrop that the Assessor-Collector (North) had ordered mutation vide mutation case no. O/037/13-May-
5 WPO 1036 of 2024 21/129525 to be cancelled and the name of the previous owner to be restored in respect of the premises no.84, Acharya Prafulla Chandra Road, Kolkata - 700009 under Ward No. 37.
6. I have examined the matter in detail. I have also examined the trust deed dated 3rd May 2017 as also the trust deed dated 9th September 2014 concerning Protap Chunder Mozoomdar Memorial Charitable Trust. I have also examined the trust deed disclosed by the added respondent no.5 herein in respect of Pratap Chunder Mozoomdar Memorial Trust executed in the year 1928 by, Sreemati Saudamini Mazoomdar widow of RAV. Bhai Protap Chandra Mazoomdar and Apostle of the Navabidhan and missionary of Brahma Samaj of India residing at 84 Upper circular Road in the town of Calcutta, who was the settlor of the trust. It is the immovable property of Pratap Chandra Majumdar situated 84 Upper circular Road, Calcutta known as Peace cottage, now Acharya Profulla Chandra Road Kolkata, which was gifted to the Sreemati Saudamini Mazoomdar which was also settled and transferred and conveyed to the trustees in said trust. It is, however, shocking to note that at the first instance a mutation was allowed by deleting the name of the erstwhile owners of the said trust on the basis of the two trust deeds which did not involve or concern the premises no.84, Acharya Prafulla Chandra Road, Kolkata - 700009. However, the position has since been rectified. Notwithstanding the same, I find that the petitioners have in the most reckless manner approached this Court by challenging the aforesaid order dated 21st July 2023 passed by the Assessor-Collector (North) after a year therefrom, with renewed 6 WPO 1036 of 2024 vigour on the ground that the trustees whose name have been restored are dead. In my view, death of the trustee of the said trust could not have authorised the petitioners to fraudulently seek mutation. The aforesaid conduct of the petitioners at the first instance getting the said property mutated in its favour appears to be grossly irregular.
7. I find that there is no irregularity in the order passed by the Assessor-Collector (North). Admittedly, the aforesaid two trust deeds dated 9th September 2014 and 3rd May 2017 did and could not have transferred any interest in premises no. 84, Acharya Prafulla Chandra Road, Kolkata - 700009 in favour of the trustee of Protap Chunder Mozoomdar Memorial Charitable Trust. The petitioners have also failed to identify any procedural irregularity or jurisdictional error committed by the Assessor-Collector (North) while passing the order impugned. The petition also do not claim that there has been violation of Principles of justice
8. Accordingly, the writ petition is dismissed with costs assessed at Rs.5 lakhs to be paid by the petitioners to Calcutta High Court legal Services Committee.
(RAJA BASU CHOWDHURY, J.) S. A./ R. Bose