Amit Sarkar And ANR v. State Of West Bengal And ORS.

17.3.2022 Court No. 19 Item no.22 sn WPA 19543 of 2021 Amit Sarkar & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Arnab Roy Mr. Satyam Mukherjee Ms. Sayani Ahmed ......for the petitioners Mr. Tapan Coomer Dey ..for the KMC Mr. Malay Kr. Singh Ms. Neelam Singh ..for the State Despite service none appears on behalf of the respondent No. 8.

The petitioners are aggrieved by the failure on the part of the Kolkata Municipal Corporation to mutate the name of the petitioner no.1 in respect of the premises no. 19/1B/1, East Topsia Road, Police Station Tiljola, (presently Pragati Maidan,) in Ward No. 66, Kolkata 700 039.

It is submitted by the learned advocate for the petitioners that the name of the petitioner no.2 has been mutated. Pursuant to the probate granted by the Civil Court, the name of the petitioner No.1 must be mutated in place of late Arun Kumar Sarkar, the father of the petitioners, whose share in respect of the said property had devolved upon the petitioners.

It is also submitted that the name of the petitioner no. 1 was already in the record but was subsequently deleted.

In any event, it is for the Corporation to decide the application for mutation in accordance with law upon hearing all the interested parties. Records reveal that the petitioners had been asked by the Corporation to submit documents with regard to the civil suit and the petitioners have already submitted the said documents.

Under such circumstances, this writ petition is disposed of with a direction upon the Assessor & Collector, Tollygunge Tax Department, the Assessment and Collection Department, Kolkata Municipal Corporation, to dispose of the application for mutation of the petitioners, in accordance with law upon hearing the petitioners as also the respondent no.8.

Parties shall be entitled to file their respective documents in support of their respective contentions. reasoned order shall be passed and communicated to all concerned.

The entire exercise shall be completed within a period of three weeks from the date of communication of this order.

This Court has not gone into the merits of the claims and counterclaims of the parties.

Accordingly, the writ petition is disposed of. There will be however no order as to costs.

Parties are to act on the server copy of this order and/or learned advocate's communication. (Shampa Sarkar, J.)