Minu Saha And ANR. v. The Kolkata Municipal Corporation And ORS.

D/L.03.

August 26, 2025.

KAUSHIK WPA No. 12492 of 2025 Minu Saha & Anr.

Vs.

The Kolkata Municipal Corporation and Others Mr. Uday Snakar Bhattacharya Ms. Sudeshna Basu Thakur ... for the petitioners.

Mr. Javed K. Sanwarwala Mr. Shariq A. Sanwarwala Ms. S. Aufrin ... for the private respondent no. 11.

Ms. Piyali Sengupta Ms. G. Quraishi ... for the KMC.

Affidavit of Service filed in Court be kept with the records.

The grievance of the petitioner is directed against illegal construction and unauthorized mutation by the private respondent.

It is submitted on behalf of the petitioner that they are the daughters of the original owner and the respondent nos. 8, 9 and 10 have wrongfully and unauthorisedly mutated their names with the Corporation. Thereafter, there has been wrongful, illegal and unauthorised construction by the private respondent nos. 8, 9 and 10 along with a private developer being the respondent no. 11 at the subject premises.

In this background, the petitioner was compelled to file a representation dated 27th

March, 2025, which has been addressed to the respondent Corporation.

However, notwithstanding the period of more than three months, the respondent Corporation have furnished no reply.

On behalf of the Corporation, it is submitted that an opportunity be granted to the respondent Corporation to respond to the representation and finally dispose of the same in accordance with law.

In view of the above, WPA 12492 of 2025 is disposed of by directing the respondent no. 3 to consider and dispose of the representation of the petitioner dated 27th March, 2025 within a period of eight weeks from the date of communication of this order to the said respondent and after giving a right of hearing to all the affected parties including the petitioner.

It is made clear that there has been no adjudication on the merits of the case and all questions are left open to be decided by the respondent no. 3 strictly in accordance with law. Since no affidavits have been called for, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities. (Ravi Krishan Kapur, J.)