Calcutta High Court (Appellete Side)
Jyotsna Saha & Anr vs Serampore Municipality & Ors on 13 February, 2014
Author: Arindam Sinha
Bench: Arindam Sinha
1
13.02.2014
Srimanta
18
W. P. No. 8481 (W) of 1999
Jyotsna Saha & Anr.
-versus-
Serampore Municipality & Ors.
Mr. Debdut Mukherjee,
Mr. Sukrit Mukherjee,
Mr. S. Abedin.
...For the Petitioners.
Mr. Gautam Lahiri,
Mrs. Sruti Lahiri
...For the Municipality.
Ms. Dipti Bhattacharyya
...For the Respondent No. 3.
Let affidavit-in-opposition filed by the respondent no. 3 be kept with the record.
The deceased writ petitioner, since substituted by his heirs and legal representatives, had challenged the hearing given by the Chairman of Serampore Municipality culminating in order dated 20th April, 1999. The deceased writ petitioner and the respondent no. 3 before the Chairman had made conflicting claims of having their names mutated in respect of holding no. 11, Gobinda Chandra Bhattacharyya Lane, Serampore.
Both the contenders are claiming adverse possession over the said plot. The substituted writ petitioners are claiming adverse possession in respect of entire plot while the Club is claiming adverse possession of a portion thereof.
By the said order dated 20th April, 1999 the Chairman of Serampore Municipality had found that the claims were disputed by the parties and the records in support of such conflicting claims were incongruous and as such, he was of the view that in the absence of records of transfer of ownership, mutation could not be given either in favour of the deceased writ petitioner or in favour of the Secretary of the Club.
The substituted writ petitioners as well as the Club are vociferous in their conflicting claims even before this Court. However, on behalf of the substituted writ petitioners it has been submitted that they have since been able to discover further and better documents.
2In the circumstances this writ petition is disposed of with the direction upon the respondent no. 1 to grant an opportunity of hearing to the substituted writ petitioner as well as the Club in the matter of reconsidering their claims for mutation over the said plot and dispose of the same preferably within six weeks from the date of a representation to be made by either of the parties with notice to the other before the said authority along with a copy of this order.
The writ petition is disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.
(ARINDAM SINHA, J.)