Calcutta High Court (Appellete Side)
R.B. Khandelwal vs Rajpur Sonarpur Municipality & Anr on 9 December, 2013
Author: Soumen Sen
Bench: Soumen Sen
1
09-12-2013
S.L. No.18.
S.D.
W.P. 28390 (W) of 2013
R.B. Khandelwal
Vs.
Rajpur Sonarpur Municipality & Anr.
Mr. Soumya Majumder
Mr. Sumanta Biswas
Mr. Supratim Laha
...For the Petitioner.
Mr. Surajit Nath Mitra
Mr. Mir Anuruzzaman
....For the Municipality.
In terms of the earlier order of this Court passed on 25th
November, 2013, the Chairman of the Rajpur Sonarpur
Municipality has filed a report. Although there seems to be
incongruity in the last two paragraphs of the report at page no.
3 read with the letter dated 23rd July, 2013 containing an
endorsement purported to have been made by the Assessment
in Charge on 26th July, 2013 giving his view that the mutation
is not possible since the petitioner had purchased the
undivided share in the plot in question the said Municipality is
directed to communicate the order appears to have been
passed on 26th July, 2013 and which is produced before this
Court in terms of the earlier order to the advocate on record of
the petitioner within a week from date so as to enable the
2
petitioner to take steps in accordance with law. Since it
appears that the order has been passed by the concerned
authority refusing mutation on the ground that the petitioner
had purchased the undivided share in the plot in question and
hence no mutation can be done in favour of the petitioner alone
it would be open to the petitioner to take appropriate steps in
accordance with law.
The report filed by the Chairman, Rajpur Sonarpur
Municipality be kept with the record.
This writ application stands disposed of.
There shall be no order as to costs.
A copy of the letter dated 25th July 2013 containing the
endorsement of the Assessment in Charge shall be kept with
the record.
Since no affidavit-in-opposition is called for, the
allegations made in the writ petition are not deemed to have
been admitted by the respondents.
Urgent photostat certified copies of this order, if applied for, be given to the parties on priority basis.
(Soumen Sen, J.) 3 4 5 6