Gobinda Ch. Das And ORS. v. State Of West Bengal And ORS.

Item No.19 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 05.07.2023 Ct-24 WPA 4884 of 2023 Sri Gobinda Chandra Das & Ors.

v.

The State of West Bengal & Ors.

Mr. Rameshwar Sinha ... for the petitioners.

Mr. Gautam Lahiri ... for the Municipality.

The petitioners are aggrieved by the mutation accorded by the Serampore Municipality in favour of the private respondents without affording any opportunity of hearing to the petitioners who claim to be the co-owners of the subject property.

The petitioners claim to be the heirs and legal representatives of the deceased recorded owner. An objection was filed before the Municipality but the same is pending consideration till date.

None represents the private respondents.

Learned advocate representing the Municipality submits that a hearing may be granted by the Municipality for deciding the issue.

In view of the aforesaid submission, the instant writ petition is disposed of by directing the Chairman of the Municipality to grant opportunity of hearing to all the necessary parties and take a decision on the

representation filed by the petitioners seeking correction in the mutation records of the Municipality.

The parties will be entitled to rely upon all documents in support of their claim.

A decision shall be taken in the matter in accordance with law at the earliest but positively within a period of twelve weeks from the date of communication of a copy of this order.

The learned advocate for the petitioners is directed to forward a copy of the representation dated August 16, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

Sh (Amrita Sinha, J.)