GANESH CHAND ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners moved the instant writ petition with the following prayers: -

(2.) The writ petitioners are the owners of the land comprising of 10 Cottahs 9 Chittacks and 22 sq.ft. at Premises No. 56/1 A/1, B. T. Road. The writ petitioners are owning the property in their capacity as trustees of Gopeswar Dutt Charitable Dispensary and Atithisala. Suddenly, the writ petitioners found that the Municipal records has been changed ex parte without any notice to them and the changed records of the Calcutta Municipal Corporation read as "State of West Bengal represented by the Controller of Thika Tenancy, owner of the structure Sri Prahladrai Khetwat". One Smt. Jarat Kumari Dasi created a Trust by the name of Gopeswar Dutt Charitable Dispensary in respect 'of several premises and she created a trust by the name of Gopeswar Dutt Charitable Dispensary in respect of Premises No. 56/1 A, Barrackpore Trunk Road, Calcutta in the year 1945.

(3.) By virtue of the said Trust deed the Trust property was absolutely transferred to the trustees who were to hold the same in trust exclusively for the purposes mentioned in the said Trust Deed dated 4th July, 1945. Copy of the said Trust deed has been made Annexure-'A'.