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IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Sree Sree Janardan Jew – Appellant
Versus
Kolkata Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. deed of dedication creates property rights. (Para 3 , 4 , 5 , 6 , 7) |
| 2. shebaits can manage debuttar property without court permission. (Para 10 , 12 , 13 , 14 , 15) |
| 3. respondent claims shebaits lack authority to develop property. (Para 19 , 20 , 22) |
| 4. shebaits' powers clarified under hindu law. (Para 26 , 27 , 29 , 31) |
| 5. order to process building plan application issued. (Para 36 , 37) |
JUDGMENT :
Gaurang Kanth, J.
1. The Petitioner has preferred the present Writ Petition challenging the impugned notice dated 09.05.2024 issued by the Respondent Corporation, whereby the Respondent directed the Petitioner to obtain an order from the competent court granting permission for construction, as a precondition for according sanction to the proposed building plan in respect of premises No. 59, B.T. Road, Kolkata, presently renumbered as 59A, B.T. Road, Kolkata – 700002.
2. The brief facts leading to the filing of the present Writ Petition are set out herein below:
3. On 09.11.1964, Kumar Brindaban Chandra Sinha, Kumar Sri Atish Chandra Sinha, and Kumar Sri Adhish Chandra Sinha executed a private Deed of Dedication in respect of the idol “Sree Sree Ishwar Janardhan Jew”, installe
Shebaits of a private Debuttar estate are not required to obtain prior court permission for property development, which is their inherent authority.
Court affirms the necessity for joint management of trust properties reflecting the settlor's intentions, granting trusteeship to legal heirs and appointing a Special Officer for oversight.
Shebaitship rights cannot be transferred in violation of prior legal agreements, and debuttar properties are not subject to partition due to their dedicated nature to deities.
The central legal point established in the judgment is the requirement for an applicant to demonstrate 'sufficient interest' or title in the property for seeking development permission under Section ....
A suit for declaration of title involving properties owned by deities is not maintainable without necessary parties, specifically the deities and any related institutions, according to the Orissa Hin....
A Marfatdar cannot alienate properties of deities without statutory permission; absence of necessary parties renders the suit non-maintainable.
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