8 Shri Ashok Kumar Mukherjee vs The Kolkata Municipal ...
2021 Latest Caselaw 3491 Cal

29.6. W.P.A. 10676 of 2021 BR 2021 08 Shri Ashok Kumar Mukherjee

-vs-

The Kolkata Municipal Corporation & Ors.

( Via Video Conference )

Mr. Kishore Mukherjee Mr. Anirban Ray Mr. Soumajit Mukherjee .... For the petitioner Mr. Ranajit Chatterjee Mr. Subhrangsu Panda .... For the K.M.C.

The petitioner is aggrieved by the reasoned order dated 16th April, 2021 passed by the Manager, Assessment Collection (North), Kolkata Municipal Corporation whereby the prayer of the petitioner for mutating the property in his sole name has been turned down.

The petitioner relies upon an unreported order passed by this Court in W.P. No. 1651 of 2008 dated 3 rd May, 2013 whereby a learned single judge of this Court was of the view that there is no necessity of filing a civil suit and to have a declaration since there is no such situation. It is admitted position that the deceased employee was not heard for seven years. Accordingly, it should be presumed that he is dead as per the police report.

The petitioner also relied upon a Supreme Court judgment in the matter of LIC of India -vs- Anuradha, reported in (2004) 10 Supreme Court Case 13.

The learned advocate who is representing the Kolkata Municipal Corporation seeks time for replying to the submission made by the petitioner.

On such prayer, let the matter appear in the list on 14th July, 2021.

( Amrita Sinha, J. )