Swagata De v. Kolkata Municipal Corporation And Others

WPA 4391 of 2024 Mrs. Swagata De Vs.

Kolkata Municipal Corporation & Ors.

Mr. Jayanta Sengupta, Ms. Poulami Roy ...for the Petitioner Mr. Biswajit Mukherjee, Ms. Piyali Sengupta ...for KMC The petitioner claims that she has purchased an 13-06-2024 AKG Ct. 15 undivided 9/24th share of the premises at 1/371, Gariahat Raod, Jodhpur Park, Police Station - Lake, Kolkata - 700 068 from one of the co-sharers of the said premises. It is not in dispute that the petitioner is a stranger purchaser. The petitioner prays for mutation of her name and apportionment of tax by the municipality.

Reliance has been placed by the petitioner to Section 183 of the Kolkata Municipal Corporation Act, 1980. In my view, the said section will apply to a clearly demarcated premise partitioned by metes and bounds. In case of purchase of an undivided share, an un-demarcated premise cannot be mutated taking recourse to said provision.

Accordingly, WPA 4391 of 2024 is dismissed.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)