Citation : 2026 Latest Caselaw 1017 Cal/2
Judgement Date : 17 February, 2026
OD-6
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO. GA/48/2026
In
CS/4575/1950
THAKUR SREE SREE ISWAR BALADEV JEW AND ORS.
Vs
SAILENDRA LAL MITRA AND ORS
BEFORE:
The Hon'ble JUSTICE ANANYA BANDYOPADHYAY
Date : 17TH FEBRUARY, 2026.
Appearance:
Mr. Debnath Ghosh, Adv.
Mr. D. Mitra, Adv.
Mr. C. Dutta, Adv.
For the petitioner
Mr. A. Basu, Adv.
For the defendant No. 1C
Mr. R. L. Mitra, Adv.
Ms. Ajeya Chaudhury, Adv.
For the defendant No.2(c)
Mr. Bhaskar Ghosh, Adv.
Ms. P. Adhikary, Adv.
For the defendant No.2(d)
The Court : The Learned Advocate representing the Applicant in
GA/48/2026 being the Ad-hoc Committee of Shebaits with regard to the estate
of Thakur Sri Sri Ishwar Baldev Jew submitted that the same is suffering
extreme financial constraint which necessitated the aforesaid committee to
lease out the property for a considerable period of time and to utilize the rent
received therefrom to function the regular activities of the deity as well as pay out the municipal taxes accumulated overall period of years and sought for the
following orders :
(a) Leave be given to serve a copy of this application upon Radhashree Apartments Pvt Ltd.;
(b) Leave be granted to serve notice of this application on the appearing parties only and the Special Officer and also by affixing a copy of Notice of Motion along with a copy of the petition on the temple notice board or to pass such other orders and/or direction or directions for service of the Notice of Motion by this Hon'ble Court;
(c) A Valuer be appointed for the purpose of measurement and ascertain status, nature and character of the entire property at premises no. 47, Narkeldanga Main Road now known as Maulana Abul Kalam Azad Sarani, Kolkata - 700054 and prepare a Valuation Report in respect of the said premises and submit the same to this Hon'ble Court;
(d) Leave be granted to the petitioners to take steps for advertisement in two local newspapers in wide circulation, one in Bengali and the other in English inviting offers for grant of lease for a period of 99 years in respect of premises no. 47, Narkeldanga Main Road (Maulana Abul Kalam Azad Sarani), Kolkata - 700054 on as is where is basis and subjet to terms and conditions as may be prepared by the Advocate for the petitioners and subject to approval of the Hon'ble Court;
(e) To accept the best offer to be received and grant lease in respect of the said property being No. 47, Narkeldanga Main Road (Maulana Abul Kalam Azad Sarani), Kolkata - 700054 on mutual agreed terms subject to orders to be passed by this Hon'ble Court;
(f) Mr. Aniruddha Mitra, the Special Officer be directed to execute and register necessary deed of lease on behalf of Thakur Sri Sri Ishwar Baladev Jew and Gopal Jew Estate consecrated at premises No. 144, Raja Rajendra Lal Mira Road, Kolkata - 700010 in favour of the highest offerer/lessee on such premium/salami for such period and on such terms and conditions as the Hon'ble Court may direct;
(g) Ad-interim orders in terms of prayers (a) to (c) above;
(h) Such order or orders and direction or directions as Your Honour maydeem fit and proper.
The Learned Advocate representing the aforesaid Committee of Shebaits
is to place the audited reports pertaining to the administration and
management of the estate for the last ten years.
The Special Officer, namely the Senior Advocate Mr. Aniruddha Mitra be
informed by the Learned Advocate representing the Applicant in GA/48/2026
to be present before this Court along with a status report of the activities
entrusted to him vide the order of the Co-ordinate Bench of this Court.
Next date be fixed on 20th March, 2026.
(ANANYA BANDYOPADHYAY, J.)
A Dey
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