Mitra Milan Sangha And ORS v. State Of West Bengal And ORS.

D/L 56 29.07.2025 ct.no.35 Kausik W.P.A. 15779 of 2025 Mitra Milan Sangha & Ors.

Versus

The State of West Bengal & Ors.

Mr. Santosh Kr. Chakraborty Mr. Jayanta Kr. Pain ...for the Petitioner.

Mr. Avik Ghatak Ms. Afreen Begum Mr. Tamangshu Saha ...for the respondent nos. 10 to 12.

Mr. Amitabrata Roy Mr. Shibasish Banerjee ...for the State.

Petitioner has approached this Court as according to the petitioner a temple has been demolished at the behest of the private respondent. To that effect, information was furnished with the police authorities. But the police authorities refused to take any steps.

Learned advocate for the private respondents submits that one of them is the priest and they have been carrying out the performance of Pujas, Rituals connected with the said temple. From the report of the police authorities it is evident that the police authorities are well aware and the temple was dilapidated. The same as such

has been demolished. It has been also reflected in the report that the civil suit which is the foundation of the claim of the petitioner being TS No. 130 of 1993 is dismissed.

The issue of dispute between the petitioner and the respondent is over the authority of the religious structure at 104 S.P. Banerjee Road, PS - Baranagar. The dispute is to be adjudicated by the civil court. Since the police authorities are satisfied that the temple was 150 years old and the same was in a dilapidated condition and there was no bar from the civil court to carry out any activity relating to the structure, police authorities have refrained themselves from interfering with the same.

Having considered the issue canvassed in the writ petition, I am of the view that the petitioner if so advised would approach the jurisdictional civil court for appropriate remedies. No interference at this stage by the police authorities are called for. With the aforesaid observations WPA 15779 of 2025 is disposed of.

Report so submitted be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

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

(Tirthankar Ghosh, J.)