Calcutta High Court: While deciding an appeal against a writ court order that granted directions for conducting Durga Puja on disputed land, a Division bench comprising of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., held that such permissions should be pursued through the pending civil suit and set aside the order, permitting the committee to approach the civil court with the necessary application.
In the instant matter, aggrieved by the impugned order passed by the single-judge bench of this Court which directed the 4th respondent/committee for conducting Durga Puja on a land subject to a civil dispute pending before the Court of Civil Judge, Senior Division at Bolpur, Birbhum, the appellant preferred an appeal challenging the same.
While examining the affidavit for filing the present appeal with 55 days delay beyond the prescribed period of limitation, the Court noted sufficient grounds for the delay and condoned the delay.
The Court opined that in cases of property title disputes, a writ court should refrain from intervening and granting permissions for events like puja. In this instance, the writ petitioner committee was alleged by the appellant to be an unregistered body. It was observed that any permission-seeking by the committee for conducting puja should be done through the pending litigation in the civil court.
“…when there is dispute regarding title to a property, it would not be appropriate for a writ Court to intervene and to grant permission for conducting a puja that too in favour of a committee, which was the writ petitioner, which, according to the appellant is an unregistered body.”
The Court held that a writ petition could not issue a direction in this scenario. The Court allowed the appeal and the impugned order was set aside. The respondent-committee was advised to approach the civil court through an appropriate interlocutory application for seeking relief. The Court urged the civil court to expedite consideration due to the imminent Durga Puja festival.
The court clarified that it did not address the merits of the case, leaving it to the civil court to adjudicate all issues.
[Ram Prasad Das v. State of W.B., 2023 SCC OnLine Cal 2438, order dated 23-08-2023]
Advocates who appeared in this case :
Ms. Debjani Roy, Counsel for the Appellant
Mr. Dhilan Sengupta, Mr. Ayan Chakraborty, Ms. Sohini Mukherjee, Counsel for the Respondent 4 and 5
