Judgment:
WP No.723 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AJIT KUMAR DAS & ORS.Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th August, 2014.
Appearance: Mr.Mr.Mr.Mr.Sukrit Mukherjee, Advocate S.R.Kakrania, Advocate S.Seni, Advocate S.Kundu, Advocate The Court: The writ petitioners are aggrieved by long pendency of their application for mutation before the Kolkata Municipal Corporation.
The Corporation is not quite sure whether the land or a part of it is thika or not.
In this connection, on 10th October, 2012 the Assessor Collector (South) wrote to the Controller of Thika Tenancy, Kolkata, asking for his opinion whether the petitioners’ land was “khatal” property.
Till date there is no clear-cut answer.
The application of the petitioners for mutation is held up.
An affidavit of service is on record.
None appears for Kolkata Municipal Corporation and Controller of Thika.
Leave is granted to the Advocate on record for the petitioner to file a supplementary affidavit of service by 26th August, 2014.
In that view of the matter, I dispose of the writ application by the following order :- 1.
The Controller of Thika Tenancy, Kolkata, will determine within four weeks of communication of this order, by a reasoned decision, upon hearing the writ petitioners as to whether the premises No.11/2 Sambhu Nath Pundit Street, Kolkata is thika property or not.”
2. He will circulate his determination to the parties, including the Kolkata Municipal Corporation and the writ petitioneRs.3.
The Assessor Collector (South) will dispose of the application for mutation of the writ petitioners within four weeks of receipt of the report of the Thika Controller by giving a hearing to the writ petitioners and by a speaking order.”
4. The Thika Controller and the Kolkata Municipal Corporation will consider the submissions made by Mr.Mukherjee, learned Advocate, in court today that adjoining contiguous premises No.22C and 23 Sambhu Nath Pundit Street has been mutated by considering them to be not thika property Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities, the parties.
(I.P.MUKERJI, J.) G/