Calcutta High Court
Balaram Das vs Guru Charan Biswas on 23 July, 2025
1
OD-4
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
Ordinary Original Civil Jurisdiction
IA NO. GA./42/2024
In
CS/308/1872
BALARAM DAS VERSUS GURU CHARAN BISWAS
Before:
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 23th JULY 2025
Appearance:
Mr. Amitesh Banerjee, Sr. Adv.
Mr. Roibat Banerji, Adv.
...for the Dhakhineswar Kali Temple and Debottar Estate
.
The Court: This application is moved by the duly elected trustees of the
Dhakhineswar Kali Tample and Debattar Estate, praying for the following orders:
a) Leave to file this application by the present trustees.
b) Leave to serve notice of this application on the Hon'ble Ex-Chief Justice
Jyotirmay Bhattacharya or such other person as this Hon'ble Court may
think fit.
c) Appoint a Chairman-cum Special Officer to conduct the election of three
trustees for the new board of trustees.
d) Direction upon the Chairman-cum-Special Officer to determine the voting
rights of the heirs of the shebaits who have expired since the last meeting
held on 24th April 2022 before conducting the election.
e) The election be directed to be held on or before 12th March 2025.
f) Other consequential directions for conducting t6he election in terms of the
existing rules and, guidelines approved by this Hon'ble Court.
g) Liberty be given to the Chairman-cum-Special Officer to issue notices for
fixing convenient dates as may be expedient.
h) The Chairman cum-Special Officer be directed to take such help from the
police authorities as in his opinion may be necessary for conducting the
election.
i) The Chairman-cum-Special Officer be directed to submit the report to this
Hon'ble Court declaring the result of the election.
j) Costs of and incidental to this application do come out of the funds of the
trust estate.
k) Such further or other order or orders be made and/or direction or directions
be given as to this Hon'ble Court may seem fit and proper.
By order dated 3rd April 2025 passed in this application the Hon'ble Justice
Jyotirmay Bhattacharya former Chief Justice of this Court was appointed to act as
follows:
i) To determine the voting rights and/or extent of shares of the voting
rights of the Shebaits.
ii) To hold such election within two months from date of the said order.
iii) Publish necessary notices in newspaper as per practice adopted in earlier
elections and ensure vide publication of the notices relating to election.
iv) To issue a fresh set of rules and guidelines, if any, after considering the
Rules and Guidelines framed by Dr. Tapas Kumar Banerjee and
approved by the Hon'ble Calcutta High Court, prior to holding election.
v) To if necessary invite and take suggestions from all shebaits in framing
new set of Rules and Guidelines.
vi) For the sake of smooth condition of election if required to take police
assistance;
vii) To submit, the report of the Chairman-cum-Special officer before the
Hon'ble Court declaring the result of the election within the next date of
hearing of the said application.
The new board of trustees were to take charge on or before 13th June 2025
subject to confirmation of the election result as per the report of the Chairman-cum-
Special Officer by this Court. Pursuant to the order dated 3rd April 2025, the Learned
Chairman Cum Special Officer took all necessary steps in terms of the said order to
conduct the election. Pursuant to completion of Election results were declared and
published in two newspapers namely 'The Telegraph' and Bartaman'.
As an affidavit in opposition is filed by one of the shebait of Dhakhineswar Kali
Temple and Debattar Estate the same should also be taken into consideration. In the
affidavit in opposition the main contention of the deponent is that there are series of
allegations against the Trustees since 1986 alleging running profitable
establishments such as Guest House, NGOs car parking Aehhi parshad Trust, Dala
Arcada etc. within the temple premises by keeping all other shebaits in dark,
regarding the same, only based on the decisions of merely 3 members of the Board of
Trust. It is further contended that the claims and objects of Rani Rashmoni have
been totally frustrated due to personal interest of some persons with vested interest,
who are in the name of God,-increasing their financial wealth day to day. It is also
contended that it is necessary to constitute a Constitutional Committee for
Management of Dhakhineswar Estate.
Heard Learned Advocates, perused the petition and materials on record.
Learned Advocate for the Sebait/Intervener submits that sole plaintiff Balaram
Das died in 1919 leaving behind his legal heirs and representatives, and sole
defendant Gurucharan Biswas also passed away long ago leaving behind his legal
heirs and representatives. It is further submitted that none of the interested parties
have taken any step for substitution in place of the sole plaintiff and the defendant
since deceased. It is also submitted that different Orders have been obtained by some
parties who have mala fide vested interest for taking over the management of the
Dakshineswar Temple by way of confining the Trustee Board members to some
particular families. Learned Advocate draws attention to the order dated 22nd
January 2021, and order dated 5th March 2021 passed in G.A. 29/2021, and
submits that in view of order dated 5th March 2021 withdrawing the earlier
application without Leave of the Court, this application is not maintainable Learned
Advocate submits that in view of the Public Interest Litigation filed no proceedings
can take place before this Court.
Mr. Banerjee Learned Advocate for the applicant trust submits that these
issues raised by the sebait/intervener were considered in GA/30/2021, alongwith GA
31/2022, GA-32/2022, GA-33/2022, GA 34/2022 and by Order dated 30th August
2022 Learned Co-ordinate Bench of this Court was pleased to reject the application
for recalling order dated March 10, 2022 passed in GA-30/2021 where Justice
Jyotirmay Bhattacharya former Chief Justice of this Hon'ble Court was appointed as
Chairman cum Special Officer to hold elections of Dhakhineswar Kali Temple and
Debattar Estate. Thereafter elections were held and Board constituted. It is further
submitted, that as per Judgment of Hon'ble Justice Bivas Pattanayak these issues
were considered and by order dated 3rd April 2025 Justice Jyotirmoy Bhattacharya
was appointed Chairman Cum Special Officer to conduct elections. Till today there is
no order of stay of further proceeding passed in public Interest Litigation on or in
appeal preferred against order dated 3rd April 2025 passed by Hon'ble Justice Bivas
Pattanayak.
Upon perusing the affidavit in opposition to this application and the petition
GA-43/2024, GA-44/2025 and GA-45/2024 it appears that the contentions made in
the affidavit in opposition to this application are almost similar to the said
applications. The reliefs prayed for in the said applications was also to constitute a
Constitutional committee for management of said Dhakhineswar Temple in
accordance with Law and also to keep in abeyance of the forthcoming, Trustee Board
Election of Dhakhisheswar Kalibari and Debuttar Estate from the period of 2025-
2028 till the disposal of the application or pending Public Interest Litigation.
Upon perusal of the Order dater 3rd April 2025 it appears that prayer (b) in GA
43 of 2024, prayer (e) in GA 44 of 2025 and prayer (c) in GA. 45 of 2025 are
dismissed. GA 43 of 2024, GA-44 of 2025, and GA-45 of 2025 were disposed of. Upon
further perusal of order dated 30th August 2022 it will appear application for
recalling order of holding of election was rejected. Thus at this stage there is no scope
to consider the allegations made in Affidavit in opposition to GA-42 of 2025. It further
appears that the Order dated 3rd April 2025 passed by the Hon'ble Justice Bivas
Pattanayak it will appear that his Lordship with regard to GA-42/2024 has made the
following observation.
'Let GA-42 of 2024 appear in the list before the Judge taking up interlocutory
matters on 9th June 2025 for approval of the steps, taken, confirmation of the results
of elections direction for handing over charge to the newly elected Board of Trustees
by the continuing Board of Trustees preparation of the up to date accounts by the
outgoing board of trustees operation of bank accounts in fixed deposit and locker or
any other aspect which the Court deem fit and proper.'
Thus in terms of the order dated 3rd April 2025 there is limited scope to pass
orders in GA-42/2024, for stay of confirmation of election results.
Although an appeal is preferred against order dated 3rd April 2025 but the fact
there is no order of stay till today by the Hon'ble Appeal Court and in the absence of
Order of stay election was conducted by the Learned Chairman-cum-Special Officer
in compliance with the directions passed in order dated 3rd April 2025, results
declared and report submitted this Court is of the view that for the benefit of the
Debuttar Estate the election results should be confirmed forthwith and new
committee should assume the charge.
Hence it is ordered that the results of elections held in terms of Order dated,
3rd April 2025 passed by Hon'ble Justice Bivas Pattanayak stands confirmed.
Sri Amitava Paul member Bar Library Club and Ms. Swati Mukherjee Learned
Advocate mobile. 9433510635, 8981873493 are appointed as Joint Special Officers
at a remuneration of 1000 G.M. each to be paid by the Board of Trustees.. Learned
Special Officers shall forthwith fix a date and time when the newly elected committee
will take over charge from previous committee and communicate the same to the
applicant and their Learned Advocates. Such handing over charge shall be in
presence of the Learned Special Officers. Learned Special Officers shall ensure that
accounts of previous year and relevant records are made ready at the time of making
over charge.
Learned Special Officers pursuant to the taking over charge by the New
Trustees hold meeting with the present Shebaits within 2 days. Upon holding the
meeting with present Shebaits and considering their suggestions or grievance if any
made by Sebaits hold meeting with the Board of Trustees within 2 days thereafter
communicating the grievances of Shebaits for doing the needful so that the Debuttar
Estate can be better administered in accordance with the letter and spirit of the
Scheme framed by this Court. Learned Special officers shall submit report on
06/08/2025.
It is needless to mention that this Order is also to abide by the Order of Hon'ble
Appeal Court.
Before concluding this Court expresses its appreciation for the great work done
by Hon'ble Justice Jyotirmay Bhattacharya former Chief Justice of this Court in
conducting the elections and declaring the election results and submitting report in
details.
Fix 06/8/2025 for submission of Report by Special Officers.
(BISWAROOP CHOWDHURY, J.)
A.Bhar(P.A)
