Calcutta High Court
Mohammad Shakil vs Kolkata Municipal Corporation & Ors on 11 January, 2016
Author: I.P. Mukerji
Bench: I. P. Mukerji
ORDER SHEET
WP 454 of 2015
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
MOHAMMAD SHAKIL
Versus
KOLKATA MUNICIPAL CORPORATION & ORS.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 11th January, 2016.
Appearance:
Mr.Partha Chakraborty, Adv.
Mr.Avijit Goshal, Adv.
Ms.Dipanjana Paul, Adv.
Mr.Aloke Kr. Ghosh, Adv.
Ms.Piyali Sengupta, Adv.
Mr.Sakya Sen, Adv.
The Court: I add Vora Fasteners Private Limited having its
registered office at 52, Shakespeare Sarani, Kolkata - 17 as
respondent no.5.
The advocate-on-record for this company will effect the amendment in the presence of the official that has been attached to this Court by 13th January, 2016.
The subject premises are 35A, 35B, 36A and 36B, Karl Marx Sarani, Kolkata - 23. The right of Vora Fasteners Private Limited, the respondent no.5, added today to be mutated in the records of Kolkata Municipal Corporation as the lessee of the said premises was upheld by the Judgement and Order dated 20th September, 2012, passed by Justice Patherya in WP No.1123 of 2010(Vora Fasteners Private Limited versus Kolkata Municipal Corporation and Others). That right has been finally determined, cannot be reopened and is not even sought to be reopened by this order. 2
The dispute in this writ application is with regard to the person entitled to be mutated in the said records as the owner of the said premises.
The writ petitioners claim to be heirs of Gooljan Bibi, said to be the erstwhile owner of the said premises, now deceased.
They say that the mutation with regard to the ownership of the said premises should be in their favour. They also apprehend that mutation may have been done in the name of some other person or persons behind their back.
In those circumstances, the writ application is disposed of by directing the Assessor / Collector(South), Kolkata Municipal Corporation to decide the above question of mutation with regard to the above subject premises by notice of hearing to all parties to this writ application and any other interested party and by a reasoned order within three months from the date of communication of this order.
Since no affidavit in reply was invited, the allegations contained in the affidavit-in-opposition are deemed not to be admitted.
Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(I.P. MUKERJI, J.) dg2