Sanjib Kumar Bose Vs the Kolkata Municipal Corporation and Ors. — Calcutta HC (2024) — LawSathi Research

Sanjib Kumar Bose Vs the Kolkata Municipal Corporation and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Assessor Collector (South), Kolkata Municipal Corporation (added respondent) to decide the petitioner's mutation objection of 07.08.2010 by a reasoned order after hearing the petitioner, substituted private respondents and/or other interested parties or their representatives; parties free to place supporting documents; completion positively by 31.10.2024; urgent certified copy on request; no costs.

Issue for consideration

Pending determination of the petitioner's objection (letter dated August 7, 2010) against mutation of the name of the predecessor-in-interest of the substituted respondent nos. 6(i) and 6(ii) by the Kolkata Municipal Corporation.

Court's answer

The writ petition is disposed of by directing the Assessor Collector (South), Kolkata Municipal Corporation (added respondent) to dispose of the petitioner's objection to the mutation vide letter dated August 7, 2010 by passing a reasoned order after giving an opportunity of hearing to the petitioner, the substituted private respondents and/or any other interested parties or their authorised representatives.

Ratio / Principle

The parties may place relevant documents in support of their claims and counter claims at the hearing, and the entire exercise shall be completed as expeditiously as possible but positively on or before October 31, 2024, the time limit being fixed as suggested by KMC's advocate.

Key takeaways

This Court has not gone into the merits of the claims and counter claims; the added respondent shall decide the issue without being influenced by any observations made by this Court.ratio¶15

Detailed headnote1 paragraphs

Calcutta High Court, single bench (Hiranmay Bhattacharyya, J.), W.P.A. 7064 of 2011, order dated 02.09.2024: The writ petition of Sri Sanjib Kumar Bose objecting to mutation of the name of the predecessor-in-interest of the substituted respondent nos. 6(i) and 6(ii) before the Kolkata Municipal Corporation (objection lodged vide letter dated August 7, 2010; hearing fixed for December 3, 2010 but undecided) was disposed of without adjudicating merits. With KMC's counsel confirming no decision had been taken, the Assessor Collector (South), KMC — admitted as respondent at this sitting — was directed to dispose of the objection by a reasoned order after giving opportunity of hearing to the petitioner, the substituted private respondents and/or any other interested parties or their authorised representatives, allowing placement of documents supporting claims and counter claims, the whole exercise to finish positively on or before October 31, 2024 (timeline suggested by KMC's advocate). The added respondent is to decide uninfluenced by this Court's observations. No costs.

02.09.2024 Item No.107 PG Ct. No.7

W.P.A. 7064 of 2011 Sri Sanjib Kumar Bose Versus The Kolkata Municipal Corporation & Ors.

Mr. Rahul Karmakar Ms. Isita Kundu………..for the respondent petitioner

Mr. Arijit Dey…….for the Kolkata Municipal Corporation

Mr. Debajyoti Deb Ms. Somdyuti Parkeh…..for the respondent no. 6(i)

On the prayer of Mr. Karmakar, learned advocate for the petitioner, leave is granted to the petitioner to add the Assessor Collector (South), Kolkata Municipal Corporation as a party/respondent in this writ petition. The learned advocate for the petitioner shall be obliged to supply a copy of the amended cause title of the writ petition upon the learned advocates for the parties by September 3, 2024.

Since the Kolkata Municipal Corporation is represented through its learned advocate, no further copy of the writ petition is required to be served upon the added respondent.

Heard the learned advocates for the parties. The petitioner has raised an objection against mutation of the name of the predecessor-in-interest of the substituted respondent no. 6(i ) and 6(ii).

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It appears from record that a hearing was scheduled to be held on December 3, 2010 on the aforesaid issue.

Learned advocate appearing for the Kolkata Municipal Corporation submits that no decision on the aforesaid issue has yet been taken.

In view thereof, the writ petition is disposed of by directing the Assessor Collector (South), Kolkata Municipal Corporation, the added respondent herein to dispose of the petitioner’s objection to the mutation vide letter dated August 7, 2010 and to dispose of the same by passing a reasoned order after giving an opportunity of hearing to the petitioner, the substituted private respondents and/or any other interested parties or their authorised representatives.

It will be open to the parties to place the relevant documents in support of their claims and counter claims at the time of hearing before the aforesaid authority.

The entire exercise shall be completed as expeditiously as possible but positively on or before October 31, 2024. The time limit is fixed as suggested by the learned advocate appearing for the Kolkata Municipal Corporation.

It is made clear that this Court has not gone into the merits of the claims and counter claims of the respective parties and the added respondent shall decide the issue

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without being influenced by any of the observations made by this Court.

No costs.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(HIRANMAY BHATTACHARYYA, J.)