Calcutta High Court
Subhendu Hazra And Anr vs Unknown on 13 June, 2024
OD-7
ORDER SHEET
ACR/2/2024
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF :
SUBHENDU HAZRA AND ANR
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : June 13, 2024.
Appearance:
Mr. Sudip Deb, Adv.
Ms. Ipsita Ghosh, Adv.
... for the petitioners The Court: Mr. Sudip Deb, learned counsel, is appearing for the petitioners.
In compliance of the order dated 25th April, 2024, the petitioners have published the notice inviting any claims and objection with regard to the application filed by the petitioner for sale of the property.
Affidavit of service filed by the petitioner enclosing the original paper publication is kept with the record.
Counsel for the petitioners submits that by way of an Arpannama which was duly executed and registered on 12th May, 1942 one Mrs. Sindhu Bala Dasi had installed the deity in the name of Shri Shri Bancha Kalpataru Radha Krishna Jew and Brajeswar Shib Thakur at Madhupur in the District of Deoghar. The said deity has been installed on a land comprising of approximately 13 cottahs. Under the said 2 Arpannama while creating the said property as debutter property by installing the said deities, two sebaits were appointed and in the said endowment, it is also mentioned that after the death of the sebaits, the son who will be senior most in age amongst his linage will become the sebait and sebaitship right will devolved on senior most person in the linage. Accordingly after the death of earlier sebait, the petitioners have become the sebaits of the property. He submits that the property is in dilapidated condition and accordingly, the deities have been shifted to their house at 13, Rani Rashmani Road, Kolkata. He submits that for the regular expenses which are absolutely necessary for daily seba puja and nitya puja and for other purposes is approximately Rs.2,20,750/- per year. The petitioners are not getting such benefits from the said property. He also submits that the petitioners have to pay Municipal Taxes of the property but there is no such income generating from the said property. Accordingly, they have taken a decision to sell the property for the benefits of the shebaits and the deities.
This Court finds that before passing any further order it would be necessary to direct the sebaits, the petitioners herein, to publish the notice for sale of the property in question in the English daily newspaper by mentions the present market price as base price and if the person who is ready to purchase the property he has to deposit 25 % of the proposed purchased amount.
The petitioners are also directed to obtain the present market value of the property and to file an affidavit before this Court within a period of three weeks from date.3
The notice for sale of the property shall be published in the English newspaper, "The Statesman".
Let the matter appear on 4th July, 2024 under the heading "New Motion".
(KRISHNA RAO, J.) RS