Eastern Paper Mills Ltd. And ANR. v. State Of West Bengal And ORS.

16.07.2024 Sl.No.13 Ct. No.15 S.A.

WPA 2640 of 2024 Eastern Paper Mills Limited & Anr.

-vsState of West Bengal & Ors.

Mr. Debasish Kundu Mr. Atarup Banerjee Mr. Arindam Sen Mr. Saurav Basu Mr. Samit Bhanja Mr. Samrat Mukherji ...for the petitioners Mr. Amales Roy Ms. Mousumi Bhowal Mr. Ishan Bhattacharya ...for the Municipality Mr. Lalit Mohan Mahata Mr. Ziaul Haque ...for the State Let the affidavit of service filed by the petitioners be kept with the record.

Respondent nos.6 to 10 are not represented despite due notice.

It is the grievance of the petitioners that though the assessment record in respect of the relevant property has been recorded in their names since 1958, respondent no.2 has carried out mutation of records in favour of respondent nos. 6 to 10 without giving any notice to them.

The Municipality submits that the mutation was undertaken on the strength of a deed executed in the year 1958 in favour of respondent nos.6 to 10. The Municipality admits that no notice was given to the

petitioners before altering the assessment record in favour of respondent nos.6 to 10.

In that view of the matter, I set aside the order dated September 28, 2023 passed by the Chairperson, South Dum Dum Municipality.

The South Dum Dum Municipality shall hear the matter afresh upon giving opportunity of hearing to the petitioners as well as respondent nos.6 to 10 and take a fresh decision with regard to the mutation of the records in respect of the relevant property within a period of one month from the date of communication of this order.

With the aforesaid direction, WPA 2640 of 2024 is disposed of.

(Kausik Chanda, J.)