Subir Roy And ORS v. Kolkata Municipal Corporation And ORS.

28.03.2022 Court No. 19 Item no.35 CP W.P.A. No. 3430 of 2022 Subir Roy & ors.

Versus

Kolkata Municipal Corporation & Ors.

Mr. Kamalesh Bhattacharya Mr. Aninda Bhattacharya ...for the petitioners.

Mr. Ranajit Chatterjee ...for the K.M.C.

Affidavit of service is taken on record.

This writ petition has been filed for a direction upon the competent authority of the Kolkata Municipal Corporation (hereinafter referred to as 'the Corporation'), to conclude the proceedings initiated with regard to mutation of the names of the petitioners in the records of the Corporation. The claim is with regard to R.S. Dag Nos. 10210 and 10211, corresponding to Premises No. 9, Sourin Roy Road under Ward No. 120, Borough No. XIII of the Corporation.

Mr. Bhattacharya, learned advocate appearing on behalf of the petitioners, submits that the competent authority of the Corporation had adjourned the hearing of the mutation case on the ground that certificate of the mutation from the Block Land & Land Reforms Officer was awaited. Such certificate has since been granted to the

petitioners by the Block Land & Land Reforms Officer. Accordingly, a prayer has been made for a direction upon the Corporation to conclude the hearing of the mutation case.

Perused the documents filed before this court. The certificate granted by the Block Land & Land Reforms Officer has been annexed to the writ petition.

However, this court does not go into the merits of the application for mutation which is pending before the Corporation, but directs the competent authority of the Corporation to conclude the proceedings already initiated in accordance with law, on the basis of the records which shall be submitted before the concerned authority.

The petitioners and/or the petitioners'

representative will be heard and a reasoned order shall be passed and communicated. On the basis of the decision of the authorities steps shall be taken in accordance with law. In case contrary claims to title are either made or detected, all interested and relevant parties, shall be heard.

The entire exercise shall be completed within a period of two months from the date of communication of this order.

The writ petition is, thus, disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)