21.11.2025 Court No.13 Item Nos. 7 sp MAT 2018 of 2024 With CAN 2 of 2025 Ashok Chakraborty Vs. The State of West Bengal & Ors. Mr. Sabyasachi Chatterjee, Mr. Pintu Karar, Mr. Akashdeep Mukherjee, Ms. Meghna Chowdhury. . …. For the appellant. 1. The appeal is directed against order dated 18th September, 2024 passed by a Single Bench of this Court. 2. The appellant/writ petitioner is a shebait of the Tarakeswar Temple. He was aggrieved by a tender process dated 30th January, 2024 initiated by the Tarakeswar Development Authority for reconstruction and beautification work at Natun Pukur located within the Tarakeswar Temple complex. 3. The Development Authority had contended that the pond is unclean and has become a breeding ground of mosquitoes. Therefore, the tender in question was issued. 4. The appellant has no objection to the pond being cleaned. However, he submits that any reconstruction thereat would prejudice his rights and contentions in a pending civil suit being T.S. 294 of 2023, now pending before the learned Civil Judge (Jr. Division), 2nd Court at Chandannagar, Hooghly. 5. The Single Bench has duly clarified that the Tarakeswar Development Authority could implement the project without prejudice to any right, title and interest of the appellant/petitioner Tarakeswar Estate. His possession is also duly protected. 6. Mr. Sabyasachi Chatterjee, learned counsel appearing for the appellant/petitioner would argue that under the garb of cleaning the pond, and reconstruction thereat, the right, title and interest of the appellant is sought to be usurped by the Tarakeswar Municipality. 7. This Court notes the clarification given by the Single Bench that the Municipality would proceed to clean the pond in question and free it from the menace of mosquitoes, without prejudice to the rights and contentions of the appellant. 8. It is, however, made clear that the said Development Authority may restrict itself to cleaning of the pond and to make any construction, in aid of such cleaning. 9. The rights of the parties in the aforesaid pending T.S. 294 of 2023 shall not be infringed upon by the Tarakeswar Development Authority. In the event of any such infringement or act designed towards such infringement, the appellant/petitioner may seek appropriate remedies in 2 the pending civil suit against the Tarakeswar Development Authority or any person acting on its behalf. 10. With the aforesaid clarification, MAT 2018 of 2024 shall stand disposed of. 11. In view of the above, all pending applications shall also stand disposed of. 12. There shall be no order as to costs. 13. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.) 3