02. 02. 18.09.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 16772 OF 2026 (CAN 1/2026) SREE SREE SHYAM SUNDAR LAKSHMI JANARDAN JEW THAKUR AND ANOTHER VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Swapan Banerjee, Adv. Ms. Monalisha Datta, Adv. Mr. Debabrata Mondal, Adv. Mr. Kaustav Banerjee, Adv. …For Petitioners Mr. Suryaneel Das, AGP Ms. Sumita Sarkar, Adv. …For State Mr. Sabir Ahmed, Adv. Ms. Ankita Dey, Adv. …For Respondent Nos.18, 19 & 21 1. Present writ petition is preferred by Sebait of Sree Sree Shyam Sundar Lakshmi Janardan Jew Thakur seeking permission to offer seva puja regularly to Deity and to perform Vishwakarma Puja. 2. During course of hearing this Court has found that in Title Suit no.67/2008 decree was passed on 29th March, 2012 by the learned Civil Judge (Senior Division), 10th Court, Alipore thereby declaring that plaintiff to get permanent injunction against defendants. Furthermore, defendants therein were permanently restrained from taking forcible possession of the suit scheduled property. It is submitted on behalf of petitioners that petitioner no.2 being Sebait of aforesaid Deity was plaintiff in the said suit. 3. In addition thereto it is also brought to the notice of this Court by learned advocate representing respondent nos.18 and 19 that another suit was instituted being Title Suit no.47/2010 whereupon an [2] order was passed on 19th November, 2010 declaring plaintiff nos.2 to 4 and pro-forma defendants, being lineal descendants of Late Gajamati Dasi, as Sebaits of the aforesaid Deity. 4. It is submitted on behalf of petitioners that petitioner no.2 was one of the plaintiffs in said Title Suit no.47/2010 on which learned Civil Judge (Senior Division), 9th Court, Alipore passed order on 19th November, 2010. 5. However, vide said order dated 19th November, 2010, plaintiff nos.2-4 and pro-forma defendants were directed to make an amicable scheme for management of Debutter estate within a specified time for consideration by the Civil Court. Subsequently, a scheme was approved by learned Civil Judge (Senior Division), 9th Court, Alipore vide order dated 16th April, 2016 for management of said Debutter estate. 6. It is further contended on behalf of respondent nos.18 and 19 that scheme approved by Civil Court vide order dated 16th April, 2016 did not mention or permit Sebaits to perform Vishwakarma Puja. However, said scheme permitted to perform Dol Yatra, Rath Yatra, Jhulan Yatra, Janmasthami and Rash Purnima. 7. However, it cannot be ignored that status of petitioner no.2 as Sebait to take care of Deity was accepted by Civil Court vide order dated 19th November, 2010 passed on Title Suit no.47/2010 along with others. Moreover, vide decree dated 29th March, 2012 passed in Title Suit no.67/2008 permanent injunction was granted in favour of petitioner no.2 being one of the plaintiffs therein against defendants; defendants, their men, agents and associates were permanently [3] restrained from taking forcible possession of the suit scheduled property. 8. Taking note of the said decree dated 29th March, 2012 and order passed by Civil Court on 19th November, 2010 on Title Suit no.47/2010 thereby accepting petitioner no.2 as one of the Sebaits, petitioner no.2 shall be at liberty to perform Vishwakarma Puja, if she wants. However, such liberty granted to petitioner no.2 for performing Vishwakarma Puja shall not amend the scheme which was approved vide order dated 16th April, 2016 for taking care of Deity. 9. Concerned police authorities are directed to maintain peace and tranquility at the locale and to see that no untoward incident takes place in the event petitioner no.2 decides to perform Vishwakarma Puja. 10. Writ petition along with connected application being CAN 1/2026 are disposed of. 11. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)