Bidyut Bhadury And ANR v. State Of West Bengal And ORS.

30.9.2021 Court No. 19 Item no. 54 sn WPA No.14213 of 2021 Sri Bidyut Bhadury & Anr.

Vs.

State of West Bengal & Ors.

(via video conference) Mr. Debasish Chattopadhyay Mr. Loknath Paul Mr. Tirthankar Basu ..for the petitioner The learned advocate for the petitioners submits that an application for mutation in respect of a portion of land situated at holding no. 9/8 (New No.12/9/9), Sidheswar Banerjee Road, Circle No.4, district 24 Parganas North, Mouza Halishar, J.L. No.6, Khatian No. 6719, P.S.: Bijpur, R.S. No. 37, Touzi No. 2455, 2457, under Dag No. 1037 having boundary to the North Sidheswar Banerjee Lane, has not been disposed of by the said municipality. It is further submitted that the requisite documents and fees have already been deposited.

Without going into the merits of the claim of the petitioners and without deciding the right, title, interest and possession of the petitioners, the writ petition is disposed of with the direction upon the competent authority of Halisahar municipality to dispose of the application for mutation filed by the petitioners, upon hearing the petitioners and all

persons who may have any claim with regard to the self-same property. Such decision shall be taken within a period of three months from the date of communication of this order. A reasoned order shall be passed and communicated to all concerned. If it is found that the mutation can be effected, the same shall be done. If it is found that the mutation cannot be effected, in that case, reasons shall be assigned in the order.

The petitioners are directed to serve a server copy of this order along with a copy of the application for mutation and receipt showing payment upon the competent authority.

This writ petition is disposed of.

There will be, however, no order as to costs. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)