Calcutta High Court
Biswanath Mitra vs K. C. Basu on 15 September, 2025
OD-12 to 27
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO. GA/12/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/13/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/14/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/15/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/16/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
2
AND
IA NO. GA/17/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/18/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/19/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/20/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/21/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
3
IA NO. GA/22/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/23/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/24/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/25/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/26/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
AND
IA NO. GA/27/2025
In CS/220/1868
BISWANATH MITRA
Vs
K. C. BASU
4
BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date: 15th September, 2025.
APPEARANCE:
Mr. Souvik Mitra, Adv.
Ms. Shetparna Ray, Adv.
...for the applicant.
Mr. Ayan Kr. Boral, Adv.
...for the sebaits.
Ms. Piyali Sengupta, Adv.
Ms. Manisha Nath, Adv.
...for KMC.
Mr. Jayanta Kumar Dhar, Adv.
Mr. Nayan Ranjan Chakraborty, Adv.
...for OP Nos. 2 & 3 in GA/25/2025.
The Court : Learned Advocate for the applicant, learned Advocate for opposite party nos. 2 and 3 in GA/25/2025 and learned Advocate representing the Kolkata Municipal Corporation are present.
Learned Advocate representing the Kolkata Municipal Corporation has filed list of the information with regard to the property which is available from the records of the Kolkata Municipal Corporation. As the dispute is with regard to necessary correction and clarification by the municipal authority with regard to the records of the two premises being B/2/H/7, Raja Nabakrishna Street, Ward No. 9, Borough-II, P.S.- Shyampukur, Kolkata-700005 recorded in the name of Sudhir Dutta and the premises no. 2, Raja Nabakrishna Street, Ward No. 27, Borough-II, P.S.- Burtolla, Kolkata-700005 in the name of the Estate of Raja Sir Radha Kanta Deb Bahadur having office at 33/R, Raja Naba Krishna 5 Street, Kolkata 700005 and another B/2/H/9 recorded in the name of Atul Chandra Adhikary, this application can be decided upon granting opportunity to Kolkata Municipal Corporation to file affidavit giving necessary particulars. The comprehensive affidavit may be filed with regard to all the applications. Such affidavits must be served upon the applicant and the opposite party nos.
2 and 3 in GA/25/2025.
Learned Advocate Mr. Ayan Kr. Boral submits that he is representing seven sebaits which is disputed by the learned Advocate for the applicant- trustees.
Learned Advocate for the applicant-trustees submits that there are many sebaits and it is difficult to serve upon all the sebaits.
As the sebaits play an important role in the Debottar estate, necessary copies must be served. However, it is necessary to ascertain the total number of sebaits, their names and the date from when they are discharging their duties of sebaits. Such position can be ascertained by appointment of a Special Officer.
Thus, I appoint Ms. Shreyasree Choudhury, learned Advocate (Mobile:
7278638258) as a Special Officer to ascertain as to the number of sebaits in the Debottor properties of B/2/H/7, Raja Nabakrishna Street, Ward No. 9, Borough-II, P.S.- Shyampukur, Kolkata-700005 and B/2/H/9, their names and necessary particulars about the date from when they are discharging duties as Sebaits.6
Such enquiry shall be conducted upon notice to the learned Advocate for the trustees and other opposite parties and learned Advocate Mr. Ayan Kumar Boral. Upon completion of enquiry, the report should be submitted on or before 10th November, 2025. As this application is for the benefit of trust Estate and enquiry to be conducted by Special Officer is also for benefit of Trust Estate in future application also, remuneration of Special Officer shall be paid by the Trustees. Remuneration of Special Officer is fixed at 600 GMs. The affidavit filed by municipal authority shall also be served in advance and be filed on or before 10th November, 2025.
Let these matters appear on 10th November, 2025. Learned Advocate Mr. Ayan Kr. Boral who has claimed himself to be representing seven sebaits will be entitled to appear before the learned Special Officer and he shall intimate his address to Special Officer by notice and enquiry should be held upon notice to him. In the meantime, the learned Advocate for the applicant is permitted to take steps to make necessary amendments by bringing on record the legal representatives of the deceased opposite parties.
(BISWAROOP CHOWDHURY, J.) KB AR(CR)