Calcutta High Court (Appellete Side)
Rama Chakraborty vs The State Of West Bengal & Ors on 3 August, 2023
Item No.6
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
03.08.2023
Ct-24 WPA 1736 of 2023 Rama Chakraborty v.
The State of West Bengal & Ors.
Ms. Allen Felix ...For the petitioner.
Ms. Noelle Banerjee Ms. Nilanjana Adhya ... For the State.
Mr. Subhasis Bandopadhyay ... For the Municipality.
The petitioner alleges that the Burdwan Municipality is not proceeding any further with her prayer for mutation of the subject property allegedly on the ground that conversion certificate was not obtained for converting the classification of the land from 'Sali' to 'Bastu'.
The petitioner has annexed the conversion certificate issued by the District Land & Land Reforms Officer, Burdwan on November 8, 2005 wherein the authority accorded permission for conversion of the classification of the land from 'Sali' to 'Housing Complex.' Learned advocate for the petitioner submits that, tax in respect of the subject property in accordance with 2 the changed classification that is housing complex has duly been paid and accepted by the Municipality.
Learned advocate representing the Municipality submits that, presently mutation is being allowed only if application is made online. The petitioner in the present case applied offline.
From the submissions made on behalf of the parties it appears that even though the petitioner applied offline for mutation but the authorities accepted the same but did not proceed with the said application on the misconceived notion that there is no order of conversion of the classification of the subject land. The conversion certificate is already on record as the petitioner has annexed the same in the writ petition.
In view of the above, the instant writ petition is disposed of by directing the Municipality to take necessary steps to process the application for mutation filed by the petitioner in accordance with law after giving reasonable opportunity of hearing to the petitioner to produce necessary documents in support of her prayer. The petitioner shall be intimated the formalities required for effecting the mutation. The petitioner will be obliged to pay the necessary charges for mutation.
As it has been submitted by the learned advocate representing the Municipality that till a formal application for mutation is made online, steps cannot be taken in the matter, accordingly, the petitioner is directed to immediately file an application on the online mode for proceeding with the case. The Municipality shall take steps in the matter at the earliest but positively within a period of twelve weeks from the date of receiving the online application.
3The writ petition stands disposed of.
Affidavit-of-service filed in Court today is taken on record.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
Sh. (Amrita Sinha, J.)