Jaspal Singh Chandhok v. The Kolkata Municipal Corporation And ORS.

OD-5 W.P.O. No. 75 of 2021

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE (VIA VIDEO CONFERENCE) JASPAL SINGH CHANDHOK

Versus

THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date : 22nd February, 2021.

Appearance :

Mr. Swatarup Banerjee, Adv.

Ms. Somali Mukhopadhyay, Adv.

...for the petitioner Mr. Biswajit Mukherjee, Adv.

Mr. F. Haque, Adv.

...for KMC The Court: The petitioner is a lessee in respect of approximately 900 sq. ft. in a portion of the premises no. 7, Ganesh Chandra Avenue, Kolkata-700013 (Ward No. 46).

It appears from records that the petitioner applied for mutation of his portion on 14th December, 2015 vide case no. A/046/14-DEC-15/53605. The petitioner complains that this application for mutation has not been disposed of by the Kolkata Municipal Corporation till date. The petitioner submits that though he intends to pay tax in respect of his share in the aforesaid property, but due to non-mutating the premises in his

name he is not in a position to clear the taxes which has been accumulating since 15th April, 1996.

The learned Advocate representing the Kolkata Municipal Corporation submits that the petitioner though took lease of the property in the year 1996, but he applied for mutation in December, 2015. There has been an enormous delay on the part of the petitioner in applying for mutation. It appears from the records that the prayer of the petitioner for mutation is pending considering at the end of the Kolkata Municipal Corporation. No useful purpose will be served by keeping the writ petition pending. The writ petition is accordingly disposed of by directing the respondent no. 6 being the Assessor Collector (North) to take prompt necessary steps for disposal of the application filed by the petitioner for mutation, strictly in accordance with law, at the earliest, but positively within a period of three weeks from the date of communication of a copy of this order.

W.P.O. No. 75 of 2021 stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities. (AMRITA SINHA, J.) S.Bag