Sri Sri Baneswar Shib Thakur ... vs Kolkata Municipal Corporation ...
2021 Latest Caselaw 4682 Cal

08.09.2021 KC(112) F.M.A. 79 of 2020 Sri Sri Baneswar Shib Thakur Shebait Estate

-versus-

Kolkata Municipal Corporation and Ors.

(Assigned)

(Via Video Conference)

Mr. Kamalesh Bhattacharya, Mr. Partha Chakraborty, Ms. Sharmistha Mitra..................For the appellant.

Mr. Biswajit Mukherjee, Mr. Fazlul Haque, Ms. Manisha Nath........................For the K.M.C.

From the submissions made by learned counsel

for the appearing parties and from the records it

appears that out of 61 (sixty one) cottahs which

comprise the premises 1/1 and 1/2 Raja Manindra

Road, Paikpara, Kolkata - 2, only 15 (fifteen) cottahs

was the subject matter of adjudication before the Thika

Controller. Out of these 15 (fifteen) cottahs, 5 (five)

cottahs was claimed as thika property and 10 (ten)

cottahs as 'khatal'.

Therefore, the learned judge in making the

impugned judgment and order dated 29th July, 2019

committed an error in interpreting and ruling that the

entire 61 (sixty one) cottahs were before the Thika

Controller and that this court had no jurisdiction to

entertain and try the writ under the West Bengal Thika

Tenancy (Acquisition and Regulation) Act, 2001.

Neither are we called upon to deal nor are we

dealing with those 15 (fifteen) cottahs of land regarding

which adjudication has been made by the Thika

Controller.

We are concerned with the 41 (forty one) cottahs

of land out of the balance 46 (forty six) cottahs,

inasmuch as 5 (five) cottahs out of 46 (forty six) cottahs

is the subject matter of a gift.

The complaint of the appellant/writ petitioner is

that this parcel of land comprising 41 (forty one) cottahs

has been declared as 'bustee' by the Kolkata Municipal

Corporation without any notice to or hearing the writ

petitioner.

Mr. Kamalesh Bhattacharya, learned advocate

appearing for the appellant submits that the records

have been altered to treat said parcel of land as 'bustee'.

He further adds that bills are still being raised

describing the premises as 1/1 and 1/2 Raja Manindra

Road, Paikpara, Kolkata - 2.

We are in no position to adjudicate whether the

said land is 'bustee' or otherwise. Neither do we have

any jurisdiction to change the recording made in the

municipal assessment book.

We direct the Assessor-Collector (North), Kolkata

Municipal Corporation to decide this matter afresh by

cancelling any assessment or recording to the effect that

the subject property is 'bustee' by a reasoned order after

giving the appellant/petitioner and all other interested

parties a hearing within six weeks of communication of

this order.

The impugned judgment and order dated 29th

July, 2019 is set aside. However, till the decision is

made by the municipal authority the parties shall not

change the status quo of the subject property.

The appeal is allowed to the above extent.

(I.P. MUKERJI, J.)

(ANIRUDDHA ROY, J.)