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Calcutta High CourtWPA/13971/2025disposed

Ramkrishna Chaitanya Seva Pratisthan (Parul Ashram) And ANR v. State Of West Bengal And ORS.

2025-07-16Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 59 16.07.2025 Bpg.

ct.no.35 W.P.A.13971 of 2025 Sri Ramakrishna Chaitanya Seva Pratisthan (Parul Ashram) & Anr.

Versus

The State of West Bengal & Ors.

Mr. Tarunjyoti Tewari Ms. Kausiki Bose.

...for the petitioners.

Mr. Susovan Sengupta Mr. Tarak Karan.

...for the State-respondents.

Mr. Sanjib Dutta.

...for the respondent no.5.

Affidavit-of-service filed by the petitioners be kept with the record.

Petitioners are aggrieved by the fact that the petitioner no.1 being a charitable trust is carrying on its activities within the campus wherein the land was gifted by the private respondent no.5. Petitioners complain all on a sudden the respondent no.5 felt that the gift which was in respect of the land was creating some annoyance and, as such, the petitioners had been exceeding their authorities for interfering/obstructing and/or taking the law in their own hands, thereby restraining the members of the said trust to carry out their day-to-day activities. To

that effect, an information was furnished with the Dhaniakhali Police Station. However, no steps have been taken by the police authorities and, as such, the petitioners have been compelled to approach this Court.

Mr. Tarak Karan, learned advocate appearing for the State has submitted a report. Report reflects that Dhaniakhali P.S. Case No.188 of 2025 has been registered for investigation under the relevant provisions of the BNS. Necessary measures are being taken by the police authorities to ensure that no untoward incident takes place at the behest of the parties and to that effect, several G.D. Entries have been registered at the police station. All steps are being taken by the police authorities who are vigilant and are ensuring peace and tranquility in the area. Learned advocate appearing for the respondent no.5 submits that the respondent has already approached the civil court for cancellation of the gift deed. Title Suit No.94 of 2025 is pending before the learned Civil Judge (Senior Division), Hooghly at Chinsurah. Learned advocate submits that as certain questionable activities are being carried out under the garb of a charitable trust, the same is a ground for interference of the private respondent.

Be that as it may, the police authorities are already in seisin and in knowledge of the dispute prevailing between the petitioners and the private respondent. To that effect, steps are being taken. The civil court is already is seisin of the issue so far as the right, title, interest and validity of the gift deed is concerned. As such, the police authorities would continue their surveillance and would ensure that no untoward incident results because of the inimical relationship existing between the petitioners and the private respondent.

With the aforesaid observations, WPA 13971 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)