(Item No. 11) vs (Ab) The Rishra Municipality & Ors
2021 Latest Caselaw 600 Cal

Court No. 24                 W.P.A 319 of 2021
27.01.2021
                         Prasanta Kumar Pakrashi
(Item No. 11)
                                    vs
(AB)                   The Rishra Municipality & Ors.



                Mr. Prasanta Kumar Pakrashi
                                          ...for the Petitioner

                Mr. Rajendra Chaturvedi
                                 .... for the Rishra Municipality


                       The petitioner is aggrieved by the action of

                the Rishra Municipality. It has been alleged that

                the Municipality has illegally taken possession of

                the premises No. 44, N. C. Pakrashi Lane, Rishra,

                Sreerampur, Hooghly.

                       The petitioner relies upon a judgment dated

                8th   September,   2006   and     submits   that   an

                Administrator was appointed by the Court and it

                was the duty of the Administrator to take proper

                care of the property in question.      It has been

                submitted that the Administrator illegally handed

                over the possession of the property to the

                Municipality.

                       The   learned   advocate   representing     the

                Rishra Municipality submits, upon instruction,

                that the Sukhodamoyee Nari Silpa Mandir gifted

                the property at 44, N. C. Parrashi Lane to the

                Chairman of the Rishra Municipality.        Pursuant

                to the execution of the deed of gift in the year
                2




2015 the Municipality has entered possession

and has made construction thereon.

        It appears from records that a judgment

was delivered by the Hon'ble Division Bench of

this Court in an appeal preferred from the

Original Decree No. 234 of 1996 against the

judgment and decree passed by the learned

Additional District Judge, Second Court, Hooghly

on 16th September, 1995 in L.A. Suit No. 21 of

1979.      By the judgment dated 8th September,

2006 it was ordered and decreed that the appeal

is dismissed and the judgment and decree of the

learned Court below stood affirmed. The Hon'ble

Division     Bench   further   directed   that   the

Administrator pendente lite do forthwith and

upon proper rendition of acts, make over the

estate to the applicant/respondent if he is still

the Secretary, if not, to the present Secretary, if

he is found to be fit and competent.

It appears that the property in question

was thereafter handed over by the Administrator

to the Secretary of the Sukhodamoyee Nari Silpa

Mandir. The aforesaid Sukhodamoyee Nari Silpa

Mandir executed a deed of gift in favour of the

Chairman, Rishra Municipality and handed over

the property in question to the Municipality in the

year 2015.

The petitioner has approached this Court in

the year 2021 alleging that the Municipality has

illegally demolished the construction standing

thereon and has made new construction thereat.

As the property was transferred to the

Municipality by way of a registered deed of gift, it

was open for the Municipality to deal with the

property in such manner as deemed fit and

proper, being the present owners of the property

in question.

In view of the above, no relief can be

granted to the petitioner in the instant case. The

writ petition is hereby dismissed.

Urgent photostat certified copy of this

order, if applied for, be supplied to the parties

upon completion of usual legal formalities.

(Amrita Sinha, J.)