Calcutta High Court (Appellete Side)
Bikram Prasad Shaw vs The Kolkata Municipal Corporation & Ors on 1 February, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1 01.02.2019
Ct. No.8 SL No.29 KS W. P. No.11017 (W) of 2015 Bikram Prasad Shaw Versus The Kolkata Municipal Corporation & Ors.
Sk. S. M. Ismail Mr. S. C. Shrivastava ..... For the Petitioner Mr. Pradyunna Sinha Mr. Somraj Dhar .....For the State Mr. Alok Kr. Ghosh .....For the K.M.C. The petitioner has grievance with regard to a mutation effected by Kolkata Municipal Corporation.
State and the Kolkata Municipal Corporation authorities are represented. Learned advocate appearing for the Kolkata Municipal Corporation submits that, they acted on the basis of the requisition made by the Thika Controller. They proceeded on the basis of the records of thika tenancy available with the Thika Controller.
The premises in question is governed by the Thika Tenancy Laws. The petitioner claims to be a thika tenant. In fact, the claims is that, the petitioner is the joint thika tenant with that of the person in whose favour the property stand mutated in the records of the Kolkata Municipal Corporation.
In such circumstances, in my view, the petitioner should approach the Thika Controller first to correct the records available in respect of the property concerned, in accordance with law. In the event, the name of the petitioner appears in the records of the Thika Controller, then, the petitioner is at liberty to apply before the 2 Kolkata Municipal Corporation for correction of the mutation records. Upon such application being made and upon the claim of the petitioner that, he is the joint thika tenant in respect of the property concerned, being substantiated, Kolkata Municipal Corporation will proceed to mutate the name of the petitioner in its record, in accordance with law. The application made by the petitioner before the Thika Controller is pending. It is expected that the application is disposed of as expeditiously as possible and preferably within a period of four weeks, in accordance with law.
W. P. No.11017 (W) of 2015 is disposed of. No order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)