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Calcutta High CourtWPA/4812/2025dismissed as withdrawn

Mintu Sharma v. State Of West Bengal And ORS.

2025-04-02Hon'Ble Justice Gaurang Kanth2 pages

02.04.2025 Sl. No.20 Ct.3/ tkm W.P.A. 4812 of 2025 (Mintu Sharma vs. State of West Bengal. & Ors.) Mr. Debasis Sur Mr. Hare Krishna Halder ....for the petitioner Mr. Suman Banerjee ... ... for respondent no. 5 Mr. Nilanjan Bandyopadhyay ... ... for Chandannagore Municipal Corpn.

1. The petitioner has preferred the present writ petition, challenging the impugned proceeding initiated by the respondent municipal corporation for mutation of the property situated at District - Hooghly, A.D.S.R.

and P.S.

Chandannagore, Mouza - Chandannagore, J L No. 1, Sheet No. 14, R.S. Khatian No. 191 amd 165, R.S. Dag No. 107 and 107/266 respectively L.R. Khatian No. 399, L.R. Dag Nos. 117 and 119, Ward No. 12, Holding No. 598 (new) under Chandannagore Municipal Corporation.

2. It is the case of the petitioner that he is a cosharer of the property in question and that two civil suits bearing TS No. 156 of 2018 and TS No. 173 of 2022 are pending adjudication before the competent civil court.

3. Notwithstanding, the pendency of the abovementioned suits the private respondent had

applied for mutation of the said property in her name.

4. It is submitted by the petitioner that he has already lodged an objection against the said mutation proceedings.

5. Learned counsel for the respondent corporation submits that a final order has already been passed by the corporation and notably such order is not the subject matter of challenge in the present writ petition.

6. Learned counsel for the petitioner seeks to withdraw the present writ petition in view of the fact that the corporation has already passed a final order and the same is not under challenge in the present proceeding. He seeks to challenge the same in accordance with law.

7. In view of above, the present writ petition is dismissed as withdrawn with liberty as prayed for.

(Gaurang Kanth, J.)