Avinash Suman And ORS v. The Kolkata Municipal Municipal Corporation And ORS

OD -10 WPO/1196/2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE AVINASH SUMAN AND ORS -VERSUSTHE KOLKATAMUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date: January 8, 2025 Appearance:

Mr. Raghunath Chakraborty, Adv.

...for the Petitioner.

Mr. Biswajit Mukherjee, Adv.

Ms. Piyali Sengupta, Adv.

...for the KMC.

The Court: The Affidavit-in-Service filed in Court today is hereby taken on record.

The petitioner seeks the mutation of assessment records in his favour concerning a portion of the premises located at No. 61, Christopher Road, Kolkata-700046, Ward-58, Borough-VII, under the jurisdiction of the Kolkata Municipal Corporation.

It appears that the petitioner made a representation to the AssessorCollector for the mutation of the records. By letter dated September 18, 2024, the Assessor-Collector requested the Deputy Thika Controller of the Kolkata

Municipal Corporation to determine whether the relevant portion of the premises falls under the purview of thika tenancy. Subsequently, by letter dated September 24, 2024, the Deputy Thika Controller requested the Kolkata Thika Tenancy Controller for necessary instructions regarding the matter. It appears that the petitioner's application for mutation and separation is still pending with the Corporation. In light of the above, this writ petition is disposed of with a direction to the Controller, Kolkata Thika Tenancy (respondent no. 5 herein), to provide the necessary clarification to the Deputy Thika Controller, Kolkata, as indicated in the letter dated September 24, 2024, within a period of two months from the date of this order.

Upon receiving the clarification from the Kolkata Thika Tenancy Controller, the concerned Assessor-Collector (respondent no. 3 herein) shall consider the petitioner's mutation application within one month thereafter. Accordingly, WPO/1196/2024 is disposed of.

(KAUSIK CHANDA, J.) A/s.