Bimal Sadhukhan v. The Kolkata Municipal Corportaion

Sl. No.37 03.12.2024 Suman Ct. 15 WPA 18794 of 2023 Bimal Sadhukhan Vs.

Kolkata Municipal Corporation & Ors.

Mr. Aniruddha Ganguly ..for the petitioner Mr. Biswajit Mukherjee Mr. Atis Kumar Biswas ..for KMC In the present writ petition, the petitioner seeks, inter alia, the cancellation of the names of his tenants and some "third parties" and the restoration of the petitioner's name in the relevant records of the Kolkata Municipal Corporation in respect of certain premises at Ultadanga Road under ward no.12 of the Kolkata Municipal Corporation.

From the averments made in the petition, it is apparent that the petitioner acknowledges that the names of some of his tenants, as well as some unknown individuals, have been recorded by the Kolkata Municipal Corporation in the relevant assessment records. He submits that such records imping upon his rights, title, and interest in the property in question. However, the petitioner has not made the said tenants or

individuals parties to this writ petition. In their absence, the relief sought by the petitioner cannot be granted. Accordingly, WPA 18794 of 2023 is dismissed for non-joinder of necessary parties.

This order shall not preclude the petitioner from filing a fresh writ petition in accordance with the law. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)