Authority: Calcutta High Court (Bench of Justice Hiranmay Bhattacharyya)

Order Date: 17 September 2026

Case Overview

  • Parties: Garia Mitali Sangha (petitioner) vs. Kamdahari Purbapara Recreation Club & Ors. (respondent).
  • Proceedings: Civil revision application (CO 3217 of 2026) under Article 227 of the Constitution, challenging an order dated 11 September 2026 that set aside an earlier injunction dated 13 August 2026 restraining the respondent from organising Durga Puja without the petitioner’s permission.
  • Background: The District Judge, Alipore, had allowed the appeal and removed the injunction. The respondent had already begun erecting a pandal on the suit property for the 2026 Durga Puja. Both parties, through senior advocates (Mr. Abhrajit Mitra for the petitioner and Mr. Chandra Sekhar Banerjee for the respondent), sought a limited permission to allow the festival on a portion of the property while preserving the petitioner’s rights in the pending suit.
  • Counsel Submissions: The petitioner agreed to allow a temporary structure subject to written permission and undertakings; the respondent agreed to seek permission without prejudice to the pending suit and to avoid any permanent construction.

Final Outcome

  • The Court disposes of CO 3217 with the following directions:

1. Undertaking by Affidavit (by 24 Sept 2026):

  • No permanent structure shall be erected on the suit property.
  • A temporary pandal may be erected solely for the 2026 Durga Puja, with care to minimise damage.
  • Dismantling shall commence immediately after Lakshmi Puja (from 27 Oct 2026) and be completed, including debris removal and restoration, by 8 Nov 2026, at the respondent’s cost.

2. Separate Undertaking: The Secretary and President of the respondent club must also file affidavits by 24 Sept 2026.

3. Permission Procedure: The Secretary of the respondent club must seek written permission from the Secretary of the petitioner club on or before 24 Sept 2026; the petitioner’s Secretary must grant permission, if sought, no later than 28 Sept 2026.

  • All permissions and undertakings are expressly without prejudice to the rights and contentions of either party in the pending suit, the injunction application, and any other interlocutory applications.
  • The Court praised the cooperative stance of both parties, noting the sentiment of the people of Bengal and the cultural significance of the festival.
  • An urgent photostat certified copy of the order may be supplied upon compliance with requisite formalities.

Topics: Civil Litigation, Festival Property Dispute, Court Order