A Tantradharak does not have the locus standi to represent a deity and file an application seeking declaration of the property as a public trust.

The judgment of the Court was as follows :––

Challenging the order dated 21st May, 2001, passed by learned Court of 5th Additional District Judge at Alipore in Misc. Case No. 143/98, the petitioner therein has filed this application under Article 227 of the Constitution of India. By the impugned order, learned Court below dismissed the said Misc. Case on contest and without costs. Said Misc. Case arose out of an application under Sections 36, 37, 59, 60, 71 and 74 of the Indian Trust Act read with Section 14 of the Religious Endowment Act, 1863 filed by the present petitioner claiming himself as 'Tantra Dharak' on behalf of deity "Sri Sri 108, Karunamoyee Kalimata" popularly known as "Lake Kalibari".

2. In this application, prayer was made for declaration of the Debottar property of Sri Sri Kalimata as 'public trust' and thereby to pass necessary order of permanent injunction against the opposite parties from managing the affairs of deity, and for necessary scheme for management of said Debottar property as well as appointment of a receiver.

3. In the application, it was alleged that one Sri Haripada Chakraborty who was termed as 'Gurudev' by the petitioner, installed an idol of kalimata in a thatched room at 107/1, Southern Avenue which subsequently acquired fame in the locality in question attracting many large numbers of devotees of offer their Pujas and offerings. The clay idol was replaced by permanent idol made of reinforced concrete. The temple was converted to a pucca structure. Other rooms namely Office of the temple, bedroom for Gurudev and room for consultation with disciples and devotees, also were constructed.

4. It is contended further that a building was constructed at 162/D/8, Lake Gardens wherein tenants were inducted and the money as received as rental also became the asset of the said deity. Said Gurudev executed a trust deed on 2nd July, 1974 which was cancelled illegally on 13th September, 1974. Thereafter a will was executed on 11th December, 1985 wherein opposite party was as executor and other two nephews of Gurudev namely Debasis @ Sadhan and Pronoy were appointed as sebaits. Subsequently executed a Codicil illegally on 14th June, 1987 by virtue of which opposite party Netai Chandra Bose is trying to establish himself as sebait, by illegal payments of money from the Debottor property of the said purpose of transfer of sebaitship. It is alleged that said Netai Chandra Bose is mismanaging the Debottor properties in collusion with others, by handling the cash for personal gain, which caused injury to the frame of the deity itself in the mind of the devotees.

5. The applicant further contended that since the Debottor property is a public trust as per recital executed by the Settlor Haripada Chakraborty, necessary declaration would be passed restraining the opposite parties from causing any disturbance in the Seba Puja by the applicant and from causing any illegal Act. Opposite party in the said application Netai Chandra Bose, contested the Misc. Case by filling written objection upon taking the points namely the maintainability of the application in view of clear embargo under the Indian Trust Act and on principle of estoppel, waiver and acquiescence. It was categorically contended that purported Trust Deed never was acted upon and/or given effect to. The applicant not being the next friend of the deity had no locus standi to file the application. It was further asserted that in terms of the will and the codicil executed by Haripada Chakraborty, said Gurudev, as was duly probated by the competent Court of law, the prayer for declaration was directly his by law of perpetuity. It is contended that the applicant and his brother Haradhan were in league to grab the Pranamis, Dakshinas and the ornaments as were offered to the deity. He was discharged from the priesthood, as he was considered incompetent. It is vehemently contended in the opposition therein before the learned Court below that Trust Deed dated