Suman Saha v. The Kolkata Municipal Corporation And ORS

OD-2 ORDER SHEET WPO No.3232 of 2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SUMAN SAHA VS.

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:4th January, 2023.

Appearance:

Mr. Supratick Shyamal, Adv.

Ms. Peu Raphaela Mallick, Adv.

Mr. Somosreedeb Dutta, Adv.

....for the Petitioner.

Mr. Alak Kumar Ghosh Adv.

Mr. Dilip Kumar Chatterjee, Adv.

... for K.M.C.

Mr. Puspendu Chakrborty, Adv.

...for Private Respondent(H.P.C.L.) The Court:-The petitioner seeks for a direction upon the Kolkata Municipal Corporation to consider his representation for deleting the name of the respondent no.4 from the inspection book as lessee. The petitioner submits that the lease in question had expired long back and the private respondent is in unauthorized occupation of the said land. The petitioner also submits that the Kolkata Municipal Corporation is required to rectify their records by deleting the name of the private respondent as lessee.

The Court is of the opinion that the Kolkata Municipal Corporation will not be the appropriate authority to adjudicate whether the private respondent is a lessee or not.

It will be open for the petitioner to approach the appropriate forum for necessary relief, if so advised.

No further order can be passed in the present writ petition. The writ petition stands disposed of.

Affidavit of service filed in Court today is taken on record. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm