Manoara Khatun v. State Of West Bengal And ORS.
03.12.2025 Ct. 3 Item Nos.
AD 5 & 6 Saswata WPA 19824 of 2024 Monoara Khatun
Versus
The State of West Bengal & Ors.
with WPA 19827 of 2024 Romana Khatun
Versus
The State of West Bengal & Ors.
Mr. Bikash Chandra Halder ... For the petitioners Mr. Koushik Roy ... For the Khardah Municipality 1.
The instant writ petition being WPA 19824 of 2024 (hereinafter referred to as the first writ petition), has been filed, inter alia, praying for a direction upon the Khardah Municipality to mutate the name of the petitioner in the records of the municipality in respect of holding number 49/28/5, I.C. Road ward no. 5 within Khardah Municipality. The petitioner in the first writ petition claims to have purchased this property from one Pradip Debnath vide a deed of conveyance dated 12th August 2022. 2.
The other writ petition being WPA 19827 of 2024 has been filed by Romana Khatun. She also claims to have purchased the holding number 51/28/7 I.C. road ward no. 9 within Khardah Municipality.
3.
The husbands of the writ petitioners in the respective writ petitions are brothers.
4.
Learned advocate appearing for the petitioners in both the writ petitions which are taken up together submits that consequent upon purchase of
the aforesaid properties, bearing two separate holding numbers, were amalgamated and on amalgamation a new holding number being 549/28, I.C.Road within Kharadah Municipality has been alloted. Such fact is also confirmed by the learned advocate for the Municipality.
5.
Both the petitioners insist that they should be granted mutation in respect of the original holding numbers.
6.
Having heard the learned advocates appearing for the respective parties and noting that the previous holding number do not subsists any further, I am of the view that there is no scope to grant mutation in the name of the respective petitioners in respect of the original holding numbers. However, if a joint application is made, the municipal authorities can consider the same in accordance with law.
7.
In view thereof, both the writ petitions are disposed of.
8.
All parties shall act on the basis of the server copy of this order duly downloaded from this Court's official website.
(Raja Basu Chowdhury, J.)