Calcutta High Court (Appellete Side)
Gajanand Marwari @ Agarwal & Ors vs The Kolkata Municipal Corporation & Ors on 1 May, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
24 01.05
Ct
No24
2023 In the High Court At Calcutta
AGM
Constitutional Writ Jurisdiction
Appellate Side
WPA 10119 of 2021
Gajanand Marwari @ Agarwal & Ors.
Vs
The Kolkata Municipal Corporation & Ors.
Mr. Sanat Kumar Dutta
Mr. Niladri Sekhar Ghosh
... For the petitioners.
The property in question, i.e. premises nos. 57,
Monoranjan Roychowdhury Road, Kolkata 700017 has
been declared as a thika property by the Controller,
Kolkata Thika Tenancy by order dated 19 th December,
2016. The names of the thika tenants are reflected in the
said order.
The Deputy Controller, Kolkata Thika Tenancy by a
communication dated 02.06.2017 intimated the Chief
Manager Revenue (South) mentioning that the Thika
Controller accepted the persons mentioning therein as
joint thika tenants.
The grievance of the petitioners is that till date the
property is yet to be mutated in their names by the KMC.
The Corporation by a communicated dated 18 th
March, 2019 directed the petitioners to produce copy of
the order passed by the learned Wakf Tribunal regarding
the claim of Kolkata Thika Tenancy. The petitioners
categorically contend that the property is a thika property
and the Wakf does not play any role in the matter.
2
None represents the KMC.
Affidavit of service filed today in Court be kept with
the records.
From the documents annexed to the writ petition, it
is evidently clear that there is a declaration of the
property being thika by the Controller, Kolkata Thika
Tenancy. There is a further communication by the Deputy
Controller, Kolkata Thika Tenancy to the Chief Manager
Revenue (South) for mutation of the property in favour of
the joint thika tenants. There is no iota of evidence that
the property is a wakf property and accordingly, the
question of any order being passed by the Wakf Tribunal
in connection with the said property cannot arise at all.
In view of the above, the communication dated
18.03.2019 is set aside and quashed.
The Chief Manager Revenue (South) being the
respondent no. 6 is directed to take necessary steps for
mutation of the subject property in favour of the thika tenants in terms of the direction passed by the Controller, Kolkata Thika Tenancy vide order dated 19 th December, 2016 subject to the compliance of the necessary formalities.
The aforesaid respondent shall intimate the petitioners the formalities that are required to be complied for effecting the mutation.
Steps shall be taken in the matter at the earliest but positively within a period of sixteen weeks from the date of communication of this order. 3
Learned advocate for the petitioners is directed to forward a copy of the order dated 19 th December, 2016, the communication dated 2nd June, 2017 to the aforesaid respondent at the time of communicating the order to the Court.
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.)