Gopal Shaw v. The Kolkata Municipal Corporation

ML 129 10.05.2024 d.p.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side W.P.A. 17782 of 2022 Gopal Shaw -versus The Kolkata Municipal Corporation & Ors.

Mr. Samiran Giri.

...For the Petitioner.

None appears on behalf of the respondents.

The matter relates to the premises no.131B, Purna Das Road presently known as Hemanta Mukhopadhyay Sarani, Ward no 90 under the Kolkata Municipal Corporation.

A hearing notice appears to have been issued by the Deputy Assessor-Collector (South) on 17th December, 2018 for a hearing to be conducted on 8th January, 2019 for mutation of the subject premises. The grievance of the petitioner is that the mutation case has not been concluded till date. In view of the order that I propose to pass, none of the non parties will be prejudiced if the writ petition is disposed of in the following manner.

As it appears that proceeding has already been initiated by the Deputy Assessor-Collector (South) and the same is pending consideration for a considerable period of time, accordingly, the instant writ petition is

disposed of by directing the respondent no.3 to conclude the proceeding in accordance with law, after giving reasonable opportunity of hearing to all the necessary parties at the earliest but positively within a period of sixteen weeks from the date of communication of this order.

Learned advocate appearing for the petitioner is directed to forward a copy of the hearing notice dated 17th December, 2018 to the aforesaid respondent at the time of communicating the order of the Court. 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.)