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Calcutta High Court
Monilal Mallick & Ors vs Administrator General Of W.B.& Ors on 6 February, 2026
OD-7
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO. GA/4/2023
In
CS/442/1876
MONILAL MALLICK & ORS.
Vs
ADMINISTRATOR GENERAL OF W.B.& ORS.
BEFORE:
The Hon'ble JUSTICE ANANYA BANDYOPADHYAY
Date : 06TH FEBRUARY, 2026.
Appearance :
Mr. S. Sen, Adv.
Mr. Tanmoy Sett, Adv.
...for the petitioners.
Mr. Indranil Nandi, Adv.
Mr. Sayak Konar, Adv.
...for Administrator General & Official Trustee of W.B.
Ms. Reshmi Ghosh, Adv.
Ms. Parna Mukherjee, Adv.
...for Erstwhile Official Trustee
Mr. Biplab Roy, appear in person
Erstwhile Official Trustee
The Court : Heard the submission of the Learned Advocates
representing the respective parties as well as the erstwhile Official Trustee and
the Administrator General & Official Trustee are present in Court.
The Learned Advocate representing the erstwhile Administrator General
and Official Trustee confronted the status of the petitioner being one of the
Shebaits out of 32 shebaits with regard to the trust property, namely, Chitra
Dassi Trust to have filed the instant application as a personal grudge against
the erstwhile Administrator General and Official Trustee since he had in his
official capacity asked him to vacate the portion of the trust property in his
possession to have been unauthorizedly occupied without paying rent for such
possession as well as contributing to the electricity bills against the
consumption of electricity.
The Learned Advocate representing the present Administrator General
and Official Trustee submitted to have filed the affidavit-in-opposition to the
supplementary affidavit filed by the Learned Advocate representing the
petitioner that upon inspection of the ornaments and comparing the same with
the list of 1986, no mismatch could be detected.
The question raised by the Learned Advocate representing the erstwhile
Administrator General and Official Trustee with regard to the status of the
present petitioner to file the instant application against the conduct of the
erstwhile Administrator General and Official Trustee is required to be
adjudicated at the first instance.
The Registrar, Original Side is to instruct the concerned police station
to intimate the next date of hearing to the remaining shebaits and file a
compliance report to that effect.
The Learned Advocates representing the Petitioner as well as the
erstwhile Administrator General and Official Trustee are to provide the names
and addresses of the remaining 31 shebaits to the Registrar, Original Side for
compliance.
The Learned Advocate representing the Petitioner further submitted that
the present number of shebaits with regard to the concerned trust are 29. The
names and addresses apart from the present Petitioner in that case be provided
to the Registrar, Original Side.
Next date be fixed on 24th March, 2026.
The personal appearance of the erstwhile Official Trustee is noted and
dispensed with.
(ANANYA BANDYOPADHYAY, J.)
A Dey
