Susmita Karmakar And ANR v. State Of West Bengal And ORS.

Item No. 23(ml) In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 06.02.2023 Ct-24 WPA 15054 of 2021 Susmita Karmakar & Anr.

v.

The State of West Bengal & Ors.

Mr. Avishek Bhandari Mr. Dipayan Dan Ms. S. Biswas ... for the petitioners.

Mr. Srijan Nayak Ms. Rituparnaa Maitra ... for the State.

Mr. Mrinal Kanti Das Mr. Subhabrata Das Mr. Kartick Kumar Gayal ... for the Municipality.

The prayer of the petitioners seeking mutation is pending consideration before the North Barrackpore Municipality.

Learned advocate representing the Municipality submits, upon instruction that, the application of the petitioners could not be disposed of for want of necessary documents from the end of the petitioners. There is nothing on record to suggest that the Municipality requested the petitioners to forward the necessary documents.

In view of the above, the present writ petition is disposed of directing the Chairman, North Barrackpore Municipality to consider and dispose of the prayer of the

petitioners seeking mutation in accordance with law, after giving reasonable opportunity of hearing to all the necessary parties.

The formalities which are required to be complied with by the petitioners for effecting the mutation shall be intimated to them. Details of the documents that are wanting from the petitioners shall also be clearly mentioned, so that the petitioners are able to forward all the necessary documents to the Municipality for mutation.

Steps shall be taken in the matter at the earliest but positively within a period of eight weeks from the date of communication of a copy of this order. The petitioners are directed to forward a copy of the application seeking mutation along with all the documents in support of their prayer to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

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

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.)