Calcutta High Court
M/S Skyline Vanijya Private Limited And ... vs The Kolkata Municipal Corporation And ... on 16 December, 2022
Author: Amrita Sinha
Bench: Amrita Sinha
OD-1
ORDER SHEET
WPO/3211/2022
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S SKYLINE VANIJYA PRIVATE LIMITED AND ANOTHER
-VS-
THE KOLKATA MUNICIPAL CORPORATION AND OTHERS
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date : December 16, 2022.
Appearance:
Mr. Surajit Nath Mitra, Sr. Adv.
Mr. Arindam Banerjee, Adv.
Mr. Saptarshi Datta, Adv.
Ms. Srinjita Ghosh, Adv.
Mr. Pourush Kanti Pal, Adv.
...for the petitioners
Mr. Biswajit Mukherjee, Adv.
Mr. Tanushree Dasgupta, Adv.
...for the KMC
The Court: The case out made out by the petitioners in the present
writ petition is that the Corporation is not taking any steps for consideration
of the representation filed for not allowing mutation in favour of purported
thika tenant and not to sanction any building plan/permit or enabling
documents in favour of any purported thika tenant or any person claiming
through or under any thika tenant in respect of premises Nos. 8A to 8H,
Naresh Mitra Sarani, formerly 8A to 8H, Beltala Road, Police Station -
Bhowanipore, Ward No.72, Borough-VIII, Kolkata-700025 and premises Nos.
28B to 28D, Sakharam Ganesh Dauskar Sarani, formerly 28B to 28D,
Townshend Road, Police Station - Bhowanipore, Ward No.72, Borough-VIII,
Kolkata- 700025.
The petitioners claim to have been purchased the aforesaid
properties from the legal heirs of the erstwhile owners in the year 2006 and
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2012. The petitioners have come to learn that names of certain thika tenants
are recorded in the record maintained by the Kolkata Municipal Corporation
in respect of the said property. The petitioners submit that the said recordings
are incorrect and erroneous.
The petitioners approached the Thika Controller to determine the
issue of thika but failed to obtain any order therefrom. The petitioners have
thereafter approached the West Bengal Land Reforms and Tenancy Tribunal
and the issue of thika is presently pending before the Tribunal in OA
No.2083/2020 (LRTT).
The petitioners filed the representation before the Corporation with
request not to grant any mutation or further mutation in favour of purported
tenants without affording a prior opportunity of hearing to them.
It has been submitted in Court that the property in question is a
huge one and there are portions which are recorded as thika but portions of it
are not.
The petitioners apprehend that persons claiming to be thika tenants
may approach the Corporation praying for recording their names and seek
mutation and may also obtain sanction for making construction thereon.
The petitioners in the writ petition have not disclosed the names or
identity of the persons who may have applied or may approach the
Corporation with prayer for incorporating their names in the municipal
records. Details of the applicants who seek to obtain sanction for making
construction are also not mentioned in the writ petition.
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The petitioners claim that they are not aware of the particulars of
the persons who seek to obtain sanction or incorporate their names in the
municipal record.
The petitioners intend to obtain information from the Corporation as
to whether any application has at all been submitted for recording the name
as thika tenant and whether any application has been filed for obtaining
sanction for making construction thereon.
Learned advocate representing the Corporation submits that neither
the Controller, Kolkata Thika Tenancy nor the State of West Bengal nor any
other private parties have been impleaded in the writ petition whom the
petitioners apprehend to be recorded in the records of the Corporation.
From the submission made on behalf of both the parties, it appears
that the writ petition has been filed on mere apprehension that the
Corporation may take steps to record the names of certain persons as thika
tenants and the Corporation may sanction plan for making construction
thereon in favour of any other persons who may apply for the same.
Such prayer of the petitioners for issuing a writ of mandamus on
mere apprehension cannot be allowed. The respondent authorities may not be
in a position to disclose any information as sought for till proper details are placed before the Corporation. The Corporation will not be obliged to afford an opportunity of hearing to the petitioners in respect of the said property till the petitioners are able to establish their right to be heard prior to any step which may be taken by the Corporation. It will be open for the petitioners to apply before the Corporation seeking relevant information. 4
No further relief can be granted to the petitioner in the instant writ petition.
The writ petition stands disposed of.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(AMRITA SINHA, J.) sp3