Pratap Kumar Ray, J. - (1.) CHALLENGING the order dated May 21, 2001, passed by learned Court of Fifth Additional District Judge at Alipore in Misc. Case No. 143/98, the Petitioner therein has filed this application under Article 227 of the Constitution of India. By the impugned order, learned Court below dismissed the said Misc. Case on contest and without costs. Said Misc. Case arose out of an application under Sections 36, 37, 59, 60, 61, 71 and 74 of the Indian Trust Act read with Section 14 of the Religious Endowment Act, 1863 filed by the present Petitioner claiming himself as 'Tantradharak' on behalf of deity 'Sri Sri 108, Karunamoyee Kalimata' popularly known as 'Lake Kalibari'.
(2.) IN this application, prayer was made for declaration of the Debottar property of Sri Sri Kalimata as 'public trust' and thereby to pass necessary order of permanent injunction against the opposite parties from managing the affairs of deity, and for necessary scheme for management of said Debater property as well as appointment of a receiver. In the application, it was alleged that one Sri Haripada Chakraborty who was termed as 'Gurudev' by the Petitioner, installed an idol of Kalimata in a thatched room at 107/1, Southern Avenue which subsequently acquired fame in the locality in question attracting many large numbers of devotees to offer their Pujas and offerings. The clay idol was replaced by permanent idol made of reinforced concrete. The temple was converted to a pucca structure. Other rooms namely office of the temple, bedroom for Gurudev and room for consultation with disciples and devotees, also were constructed.
(3.) IT is contended further that a building was constructed at 162/D/8, Lake Gardens wherein tenants were inducted and the money as received as rental also became the asset of the said deity. Said Gurudev executed a trust deed on July 2, 1974 which was cancelled illegally on September 13, 1974. Thereafter a will was executed on December 11, 1985 wherein opposite party was as executor and other two nephews of Gurudev namely Debasis @ Sadhan and Pronoy were appointed as sebaits. Subsequently executed a Codicil illegally on June 14, 1987 by virtue of which opposite party Netai Chandra Bose in trying to establish himself as sebait, by illegal payments of money from the Debtor property for the said purpose of transfer of sebaitship. It is alleged that said Netai Chandra Bose is mismanaging the Debtor properties in collusion with others, by handling the cash for personal gain, which caused injury to the frame of the deity itself in the mind of the devotees.;