Calcutta High Court (Appellete Side)
In Re: Sultan Ahmed & Anr vs The Kolkata Municipal Corpn. & Ors on 14 June, 2019
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
14.06.19
Item No.649
Monthly list
Court No.15
Krishnendu
W.P. No. 1778 (W) of 2019
In re: An application under Article 226 of the Constitution of India filed on 14.01.2019;
And
In re: Sultan Ahmed & Anr.
- Versus -
The Kolkata Municipal Corpn. & Ors.
Mr. Mani Sankar Chattopadhyay
For the Petitioners
Mr. Alok Kumar Ghosh
Mr. Gopal Chandra Das
For the K.M.C.
Mr. Himadri Sikhar Chakraborty
For the State
Ms. Sumita Shaw
Mr. Arindam Mondal
For the Respondent No.6
Records reveal that the petitioners obtained a sanction plan for construction of a building at premises no.2, Ahiripukur First Lane, P.S. Karaya, Ward No.69, Kolkata-700 019. Alleging that such building plan has been obtained illegally, the private respondent submitted representations before the K.M.C. authorities for cancellation of the same. As the said representations were not considered, the private respondent no. 6 preferred a writ petition, being W.P. No. 3883 (W) of 2018, impleading the writ petitioners herein and the same was disposed of by an order dated 1st May, 2018 directing the K.M.C. authorities to consider and dispose of the writ petitioner's representations, being the respondent no. 6 herein. On the basis of such direction, appropriate proceedings were initiated by the K.M.C. authorities and to ascertain as to whether the concerned property is a thika tenancy, the K.M.C. authorities approached the Controller of Kolkata Thika Tenancy. Subsequent thereto, the K.M.C. authorities were informed by the Controller of Kolkata Thika Tenancy that a proceeding under 2 Section 5(3) of the West Bengal Thika Tenancy (Acquisition & Regulation) Act, 2001, being Misc. Case No. 133 of 2018, had been initiated.
Mr. Chakraborty, learned advocate appearing for the State respondents informs this Court that the said proceeding is still pending and the next date of hearing has been fixed on 27th August, 2019.
In view thereof, the writ petition is disposed of directing the Controller of Kolkata Thika Tenancy to dispose of the Misc. Case No. 133 of 2018 as expeditiously as possible after granting opportunity of hearing to the parties on the scheduled date.
There shall, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties upon compliance of all necessary formalities.
(Tapabrata Chakraborty, J.)