Pulak Ranjan Deb v. The State Of West Bengal And ORS.

27.03.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 8342 of 2022 Pulak Ranjan Deb -versus The State of West Bengal & Ors.

Mr. Sayantan Basu, Mr. Tanmoy Roy, Ms. Tonoya Ghose.

...For the Petitioner.

Affidavit-of-service filed in Court today is taken on record.

None appears on behalf of the respondents.

The petitioner claims to be the owner and occupier of approximately 10 acre of land at Plot No.1, Khatian No.-10, Mouza - Chakgaria, JL No. - 26, P.S.- Panchasyar, previously Jadavpur, District-South 24Parganas. The aforesaid plot previously fell within the jurisdiction of the J.L.R.O., Sadar Circle, Behala. Presently, the land in question falls within the added area of the Kolkata Municipal Corporation.

The petitioner relies upon the mutation allegedly allowed way back on 20th September, 1978 in favour of the petitioner by the Circle Inspector (LR), Sadar Circle Behala and submits that the land currently is required

to be mutated in the records maintained by the Kolkata Municipal Corporation.

There is nothing on record in the present writ petition to suggest that application seeking mutation was made before the Corporation.

Learned advocate appearing for the petitioner asserts that an application for mutation was filed before the Corporation after filing of the present writ petition. It will be open for the petitioner to seek mutation before the Kolkata Municipal Corporation along with all necessary documents in connection with the subject plot of land.

In the event all documents available with the petitioner is forwarded to the concerned officer of the Kolkata Municipal Corporation seeking mutation, then the application of the petitioner shall be taken up for consideration by the said authority in accordance with law, after giving a reasonable opportunity of hearing to the petitioner within a period of twelve weeks from the date of submission of all necessary documents. reasoned order shall be passed and communicated to the petitioner immediately thereafter. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

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.

( Amrita Sinha, J.)