Gulam Sarwar v. The Kolkata Municipal Corporation And ORS

OD-6 ORDER SHEET WPO No. 1193/2021

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE GULAM SARWAR

VERSUS

THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date :8th December, 2021.

[Via Video Conference] Appearance:

Mr. Nayaab Mulla, Adv.

For the petitioner.

Mr. Achintya Kumar Banerjee, Adv.

Mr. Dipankar Ghosh, Adv.

For the K.M.C.

The Court:- The allegation is primarily against the Thika Controller, Kolkata. This writ petition is not maintainable. The remedy of the petitioner is before the West Bengal Land Reforms Tenancy Tribunal. The writ petition is disposed of granting liberty to the petitioner to approach the appropriate forum in accordance with law. As the Kolkata Municipal Corporation is yet to receive an answer from the Thika Controller as to whether the premises in respect of which the petitioner

claims mutation is a thika property or not, the Corporation cannot be directed to effect mutation until the issue is resolved by the Thika Controller, Kolkata.

[SHAMPA SARKAR, J.] snn.