Calcutta High Court (Appellete Side)
Sri Shyamal Karar Alias Paltu Karar vs Howrah Municipal Corporation & Ors on 16 May, 2012
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
6.05.2012.
W.P. No. 17839 (W) of 2009
Sri Shyamal Karar alias Paltu Karar
Versus
Howrah Municipal Corporation & Ors.
Mr. Buddhadev Ghosal,
Mr. Udayan Datta.
...For the petitioner.
Mrs. Smritikana Mukherjee.
...For the Howrah Municipal Corporation.
The writ petitioner is aggrieved by the respondent corporation in not granting
mutation in his favour in respect of the property in question. The claim of the petitioner is that he is the lawful owner of the property.
The learned counsel appearing for the petitioner submits that the respondent corporation is refusing to entertain such application on the ground that the same is a debutter property. He submits that the issue has been decided by an Hon'ble Division Bench of this Court in the case Howrah Municipal Corporation & Ors. - Vs. - Smt. Shakuntala Devi Dalmia & Anr. reported in 2010(2) Cal.L.T.(HC) 263 affirming the decision of the learned Single Judge of this Court in the case of Smt. Shakuntala Devi Dalmia & Anr. - Vs. - Howrah Municipal Corporation & Ors. reported in 2010(2) Cal.L.T. (HC) 257.
2The learned lawyer appearing for the respondent corporation submits that no application has been made as yet for mutation in favour of the petitioner.
Having considered the submissions of the parties, I feel the instant writ petition may be disposed of directing the respondent corporation authorities to accept the application for mutation, if any made by the writ petitioner in respect of the property in question. In the event, such application is made, the respondent corporation shall receive and proceed to deal with the same in accordance with law and dispose of the same in the light of the law declared in the aforesaid cases within three months from the date of communication of this order.
With the aforesaid directions, the instant writ petition is disposed of. There will be, however, no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of necessary formalities.
( Joymalya Bagchi, J. )