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Calcutta High CourtWPO/256/2025transferred

Mani Square Limited And ANR. v. The Kolkata Municipal Corporation And ANR.

2025-09-18Hon'Ble Justice Gaurang Kanth3 pages

OD-15

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/256/2025 IA NO:GA/1/2025 MANI SQUARE LIMITED & ANR.

VS THE KOLKATA MUNICIPAL CORPORATION & ANR.

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date : 18th September, 2025 Appearance:

Mr. Jaydip Kar, Sr. Adv.

Mr. Arindam Banerjee, Sr. Adv.

Mr. Pranit Bag, Adv.

Mr. Amani Kayan, Adv.

Ms. Rituparna Chatterjee, Adv.

Ms. Megha Yadav, Adv.

Ms. Sadia Sultana, Adv.

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

Ms. Manisha Nath, Adv.

...for respondent-KMC Mr. Jishnu Chowdhury, Sr. Adv.

Mr. Soumabho Ghosh, Adv.

Mr. Pushan Kar, Adv.

Mr. Sagnik Majumdar, Adv.

Mr. Aurin Chakraborty, Adv.

Ms. Anamitra Mukherjee, Adv.

Ms. Shreya Ghosh Dastidar, Adv.

...for the applicant/intervener The Court : Learned counsel for the applicant in GA/1/2025 has filed an application for impleadment. It is the case of the applicant that

he is a necessary party to the present litigation since his rights are directly affected.

The petitioner has preferred the present writ petition seeking restoration of his name in the mutation records of the Municipality. At present, the name recorded in the Municipal records is that of the applicant. Since any change or rectification or modification in the records of the Corporation would directly affect the applicant's rights, it is necessary to implead the applicant as the party respondent to the present writ petition.

Mr. Joydip Kar, learned senior counsel for the petitioner has no objection to the present application being allowed. In view of the reasons stated in the application and the concession made by the learned senior counsel for the petitioner, the present application is allowed.

Learned Advocate for the petitioner has handed over a copy of the entire paper book to the applicant.

Learned counsel for the applicant seeks and is granted three days time to file his affidavit-in-opposition.

Learned counsel for the applicant further submits that since the applicant is outside the jurisdiction of the Original Side, the matter ought to be converted to the Appellate Side. The parties have agreed that the present writ petition should be heard on the Appellate Side. In view of the same, the Registry is directed to carry out necessary modifications to transfer the present writ petition to the Appellate Side of this Bench.

Let this matter be listed for hearing on 24th September, 2025 at 2.00 p.m. on the Appellate Side of this Bench. (GAURANG KANTH, J.) SN.

AR(CR)