A club that claims a long-standing Durga Puja at the car-parking space of a residential building in Kolkata must show its right to use the common area, the Calcutta High Court has held, directing the police not to allow the Puja without the permission of the flat owners.
Kolkata: The Calcutta High Court has directed the Officer-in-Charge of Muchipara Police Station not to permit Sarad Sangha club to organise Durga Puja at the common area of a G+3 residential building at 133A Raja Rammohan Sarani in the absence of permission granted by the Flat Owners Association or an individual flat owner [Sri Kallol Kanti Saha and Others v. State of West Bengal and Others].
Justice Saugata Bhattacharyya passed the order on September 28, 2026 and disposed of the writ petition with that direction.
Background of the case
Five flat owners of the building approached the Court objecting to the organising of Durga Puja by the club, respondent no. 5, at the common area of the premises. They submitted that the Flat Owners Association had not granted the club permission to hold the Puja in 2026, and apprehended that the club might hold it forcibly. A complaint from the Flat Owners Association to the Officer-in-Charge of Muchipara Police Station, they said, had drawn no effective steps.
The club submitted that it has organised Durga Puja for a long time, and that after the G+3 building was constructed it has continued to hold the Puja at the car-parking space of the premises with the permission of the erstwhile land owner. The Additional Government Pleader, for the State, submitted on instructions that no pandal had been erected at the premises till date.
Why Durga Puja Needs Owners’ Consent
The Court noted that the property was developed under an agreement between the developer and the land owner and that the flat owners have the right to express their views on organising a Puja within the premises. It relied on the Division Bench order in M/s Bibhuti Bhusan Dutt Estates Pvt. Ltd. v. State of West Bengal (MAT 542/2025), which held that a citizen cannot be prevented from enjoying immovable property or its usufruct on the specious plea that a person may come forward with a claim to it.
Though the club was represented, the Court said, nothing had been demonstrated to substantiate its right to organise the Puja at the common area without permission from the Flat Owners Association or an individual flat owner, and nothing had been shown about its claim over the premises.
Direction
The Court accordingly directed the Officer-in-Charge of Muchipara Police Station not to permit the club to organise the Puja at the premises in the absence of permission granted by the Flat Owners Association or an individual flat owner, and disposed of the petition.
Case Title: Sri Kallol Kanti Saha and Others v. State of West Bengal and Others
Case Number: W.P.A. 24981 of 2026
Bench: Justice Saugata Bhattacharyya, Calcutta High Court
Date of Order: September 28, 2026
Appearance: Advocates Indranil Nandi and Sayak Konar for the petitioners; Additional Government Pleader Susmita Saha Dutta with Advocates Sourav Halder and Diya Chakraborty for the State; Advocates Rabindra Kumar Mitra, Subha Kumar Pathak and Sneha Chakraborty for respondent nos. 5 and 6