Md. Sabir Rizvee And ANR v. State Of West Bengal And ORS.

17.01.2022 Court No. 19 Item no.8 sn WPA 15635 of 2021 Md. Sabir Rizvee & Another Vs.

The State of West Bengal & ors.

Mr. Sanjoy Ghosh ....for the petitioners Mr. Saunak Bhattacharyya ..for the Corporation Ms. Jhuma Chkraborty Mr. A. Ghosh ..for the State Despite service, none appears on behalf of the respondent no.6.

This matter relates to non-consideration of the prayer of the petitioners by the Mayor of the Asansol Municipal Corporation with regard to separation of a holding and consequent mutation of the name of the petitioners in respect of the portion of the holding no. 23/245, Dr. M.N. Saha Road, Ward No. 4, Asansol, District Burdwan.

The learned advocate for the petitioners submits that a portion of the said holding was separated and sold by the respondent no.6 in favour of the petitioners. Pursuant to such sale, the Corporation was requested to bifurcate or separate the said holding and mutate the name of the petitioners in respect of the portion purchased by the petitioners from the respondent no.6.

Having considered the rival contentions of the parties, this matter can be disposed of even if the respondent no.6 is not present, as no final direction is being passed by this Court affecting the rights of the parties. The issue has to be decided by the Corporation itself.

The competent authority of the Asansol municipal corporation shall treat the writ petition as a representation and dispose of the same within a period of three months from the date of communication of this order upon hearing the petitioners, the respondent no.6 and any other interested parties. A reasoned order shall be passed and communicated to the parties. This court has not gone into the claims and counter claims of the parties.

The writ petition is, thus, disposed of.

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

(Shampa Sarkar, J.)