Bharati Biswas And ANR v. South Dum Dum Municipality And ORS

30.04.2024 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 29079 of 2022 IA No. CAN 1 of 2023 Bharati Biswas & Anr.

-versus South Dum Dum Municipality & Ors.

Ms. Sucharita Biswas, Mr. Debapriya Gupta.

...For the Petitioners.

Mr. Abhimanyu Banerjee, ...For the Respondent Nos. 5 & 6.

Mr. N.C. Bihani, Mr. P. B. Bihani.

Mr. Soumyajit Ghosh.

...For the South Dum Dum Municipality.

The petitioners allege illegal action on the part of the Municipality in mutating the name of the private respondents in the official records of the municipality prior to the actual execution of the deed of sale. I have perused the records filed by the municipality wherein the details of the sale deed, the date of application for mutation and the date of mutation is recorded. It does not appear that the mutation was granted prior to the sale being conducted.

It appears from the submission made on behalf of the petitioners and the private respondents that there are several civil disputes and criminal cases in between them pending before various fora.

The Court is not convinced with the submission made on behalf of the petitioners regarding the illegal action on the part of the municipality and, accordingly, refrains from passing any order in this matter. Learned advocate representing the municipality submits that there is a typographical error in paragraph 6 page 3 second line of the affidavit filed today. The second word in the second line of the said page be read as respondent no.5 in place and instead of respondent no. 4.

The writ petition fails and is hereby dismissed. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)