Subrata v. The State of West Bengal & Ors.

Mr. Gouranga Kumar Das Ms. Poulami Dutta …for the petitioner Ms. Sabnam De Bardhan …for the State Mr. Amit Ranjan Pati Ms. S. Chowdhury …for respondents no.4-18 The dispute relates to a property of the petitioner being the deity represented by its sebayat. The private respondents are the villagers. Both the parties claim that they maintain the deity. It appears from the submissions made on behalf of both the parties that there are civil suits pending in connection with maintenance of the temple and the deity. It is submitted that regarding the right to maintain the deity, regular quarrels take place between the parties. The police have been approached by the petitioner but the allegation is that the police are not taking steps in response to the complaint lodged. A report has been forwarded by the Officer-in- Charge, Narayangarh police station signed on May 15, 2024 which mentions about regular quarrels between the parties and submission of prosecution under section 2 107 CrPC against five of the villagers. As it appears from the submissions made on behalf of the parties that suit for declaration and permanent injunction is pending consideration before the learned civil court, accordingly, the parties are relegated to the learned trial court in seisin of the matter for necessary relief. The police are, however, directed to ensure that there is no breach of peace at the locale and that the property of the deity is not endangered in the hands of any of the parties. The writ petition stands disposed of. Certified copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 3