Kansari Para Sarbojanin Sarodotshab Committee And ANR v. State Of West Bengal And ORS.

22.09.2021 Item No. 24 Crt.No.11 b.r. MAT 902 of 2021 with IA No. CAN 1 of 2021 Kansari Para Sarbojanin Sarodotshab Committee & Anr.

-vsThe West State Bengal & Ors.

(Via video conference) Mr. Subhasish Panchal Mr. Zariful Islam Mr. Ramasish Mukherjee ........ for the appellants.

Mr. Amitesh Banerjee, Sr. Standing Counsel.

Ms. Ipsita Banerjee ........ for the State.

Mr. Alok Kumar Ghose Mr. Subhrangshu Panda .... For the Kolkata Municipal Corporation.

Mr. Somnath Bose ..... for the Respondent no.8.

Mr. Rajesh Upadhyay Mr. Debnath Ghosh Mr. Chayan Gupta Mr. Subrata Biswas ...... for the Respondent no.11.

Party/parties is/are represented in the order of their name/names as printed above in the cause title. The appellants submit that by the order of 20th July, the appellants, who are the private respondents before the Hon'ble Single Bench, were directed to take permission from every concerned person prior to holding Durga Puja on the plot in issue.

Mr. Panchal, learned Counsel appearing for the appellants, submits that the Durga Puja is being held for the past several years as also in the previous year. The writ petitioners/the private respondents however submit that the Durga Puja for the year 2019 was only allowed to be held under order of the Hon'ble Court strictly on condition that right, title, interest and equity shall not be claimed by the appellants over the plot/site in issue.

Mr. Panchal submits that a suit for declaration of title has been already filed by the writ petitioners/private respondents which is pending before the learned Civil Court. Therefore, the title of the writ petitioners to the suit premises is yet to be resolved in the adjudication. This Court is not in a position to go into the question of title at this stage.

However, at this stage, this Court is of the view that the appellants, who are the defendants in the suit, be entitled to move the learned Civil Court for appropriate reliefs, if and so advised.

MAT 902 of 2021 along with CAN 1 of 2021 stand thus disposed of.

All parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities.

(Kesang Doma Bhutia, J.) (Subrata Talukdar, J.)