Authority: Howrah District Court, Hon'ble Judge Hiranmay Bhattacharyya
Order Date: 2026 (date not explicitly stated in the order)
Case Overview
- Petitioners: Baluhati Jabagousti Durgapuja Committee (represented by counsel Mr. Udaynarayan Betal).
- Opposite parties: Sri Diptendu Kumar & Ors. (represented by counsel Mr. Rabindranath Mahato and Mr. Aritra Shankar Ray).
- The petition sought a declaration of the right to perform Durga Puja on a specific property and an interim injunction, which was denied by the trial court on 15 September 2025.
- The dismissal of the Misc. Appeal No.176 of 2025 (dated 11 May 2026) led the petitioners to file a civil revisional application under Article 227 of the Constitution.
- Both parties subsequently reached a settlement allowing the petitioner to conduct the 2026 Durga Puja on the disputed property, subject to stipulated conditions.
Final Outcome
1. The petitioner must file an affidavit undertaking before this Court on or before 30 September 2026, stating:
- No permanent structures will be erected on the suit property; only a temporary pandal for the 2026 Durga Puja will be constructed, with care to minimize damage.
- Dismantling of the temporary structure will commence immediately after the performance of Lakshmi Pula on 27 October 2026.
- Complete removal of the temporary structure, debris clearance, and restoration of the property to its original condition must be finished by 4 November 2026, at the petitioner’s expense.
2. The affidavit must be filed by the President of the petitioner‑club in the Department, with an advance copy served to the opposite parties’ counsel, on or before the stipulated deadline.
3. The permission to perform the puja is granted without prejudice to the rights of either party.
4. No order as to costs was made.
5. All parties are directed to act on the server copy of this order downloaded from the official website of the Court.
Topics: Legal Settlement, Property Use, Religious Festival