WPO/474/2026 of SOURENDRA LAL DAS AND ORS. Vs THE KOLKATA MUNICIPAL CORPORATION AND ORS. on 14 October 2026

1. Although this Court by an order dated 8th October, 2026 had directed the municipality to produce the IB copy, however, today Mr. Ghosh, learned advocate representing the petitioners would submit that since the adjudication of the Thika Controller under Section 5(3) of the West Bengal Thika Tenancy (Acquisition & Regulation) Act, 2001 is not complete, there is no final declaration as regards the respondent no.7’s interest. As such there cannot be any impediment on the part of the municipality to reconsider as to whether the respondent no.7’s name can be retained on the records in furtherance to the mutation effected in her favour.

2. Having heard learned advocates appearing for the respective parties and noting that a representation dated 14th August, 2026 addressed to the Municipal Commissioner is pending, it would be prudent at this stage to

direct the Municipal Commissioner or his/her delegate to decide on the petitioner’s representation and to take a decision thereon and to dispose of the same by passing a reasoned order in accordance with law upon affording opportunity of hearing to the interested parties.

3. It is expected that such decision in this regard shall be taken by the municipality on an expeditious basis preferably within a period of eight weeks from the date of communication of this order.

4. The writ petition is, thus, disposed of.

(RAJA BASU CHOWDHURY, J.)

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