Court No. 6 (265719) 16.09.2026 (AD 6) (S. Banerjee) CO 3031 of 2026 Sri Sri Kamakshya Durga Debi & Narayan Thakur, being represented by its Sevaits/trustees Vs. The State of West Bengal Mr. Baidurya Ghosal Mr. Saikat Mukherjee …for the petitioners This application under Article 227 of the Constitution of India is directed against an order being no. 51 dated July 16, 2026 passed by the learned District Judge, Purba Bardhaman in Misc. Case No. 3 of 2019. By the order impugned the misc. case filed by the petitioners under the provisions of Section 34 of the Indian Trust Act, 1882, stood dismissed on the ground that the same is not maintainable. Petitioners filed an application under Section 34 of the Indian Trust Act praying for permission to sale out the Debottor property. Petitioners claim to be the present Shebaits of the Deity. Petitioners state that it is not possible for the Shebaits to bear the entire cost of Seva Puja, maintenance of temple, remuneration of the staff as the Bargadars are not giving their share of crops or paying any money. 2 The learned District Judge rightly noted that in view of the savings clause contained in Section 1 of the Indian Trust Act a private Debottor is not governed under the Indian Trust Act. The learned District Judge was right in holding that Section 34 of the Indian Trust Act has no manner of application in case of a Hindu religious and charitable endowment and the Shebaits could not have invoked the provisions of Section 34 of the Indian Trust Act. The learned District Judge was right in rejecting the misc. case upon holding that the same is not maintainable. This Court is not inclined to interfere with such order under Article 227 of the Constitution of India. Accordingly, this revisional application stands dismissed. Petitioners are left free to take appropriate steps in accordance with law. (Hiranmay Bhattacharyya, J.)