Sarafat Ali Mullick v. State Of West Bengal And ORS.

15.03.2023 WPA/21897/2022 MR. SARAFAT ALI MULLICK VS THE STATE OF WEST BENGAL AND ORS.

gd Ms. Anita Khatri ..for the Petitioner.

Mr. Sutanu Chakrabarti ..for the State.

Ms. Manisha Nath ..for KMC.

Affidavit of service filed by the petitioner is taken on record.

The application made by the petitioner seeking mutation has been cancelled. The petitioner came to learn about the said cancellation from the official website of the Kolkata Municipal Corporation. The petitioner submits that the reason for cancellation has not been intimated to him. No opportunity of hearing was given to the petitioner prior to cancellation of the application for mutation. Learned Advocate representing the Kolkata Municipal Corporation is yet to receive instruction in the matter.

In view of the fact that the application of the petitioner has already been cancelled, accordingly at this stage, no direction can be passed upon the Corporation to mutate the name of the petitioner in respect of the subject property.

It will be open for the petitioner to apply before the Kolkata Municipal Corporation seeking reason for cancellation of the application for mutation and thereafter take necessary steps either to challenge the same or to rectify the defect in the application, if any. In the event an application is made by the petitioner seeking reason for cancellation of the application for mutation, then the reason shall be communicated to the petitioner at the earliest, but positively within a period of six weeks from the date of making the application.

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.)

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