Biswajit Majumder vs The State Of West Bengal & Ors
2023 Latest Caselaw 2243 Cal

Item No. 56


                           In The High Court At Calcutta
                           Constitutional Writ Jurisdiction
                                   Appellate Side

03.04.2023
  Ct-24
                                 WPA 27345 of 2022
                                 Biswajit Majumder
                                          v.
                           The State of West Bengal & Ors.


                    Mr. Raj Kumar Sain
                                ... for the petitioner.

                    Mr. Biswajit Mukherjee
                    Mr. Gopal Chandra Das
                                   ... for KMC.

                    Ms. Kajal Chattopadhyay
                                ... for the respondent no. 8.

Mr. Srikanta Pal Mr. Tanmoy Khan ... for the respondent no. 9.

Mr. Susanta Pal Ms. Ananya Neogi ... for the State.

The petitioner seeks for a direction upon the Kolkata Municipal Corporation to consider the objection allegedly pending before the authority regarding mutation of the premises no. 2K, Roy Para Bye Lane, Kolkata-700050.

The prayer of the petitioner is opposed by the learned advocates representing the private respondent nos. 8 and 9.

It has been submitted that the writ petition suffers from gross suppression of materials facts. The writ petition is not maintainable, as the issue in question has

already been decided by the learned civil Court and the Corporation does not have any role to play in the matter at this stage. The writ petition is barred by the principles of res judicata.

Reliance has been placed on the judgment and decree passed by the learned Court below in TS No. 96 of 2000, order passed in TS No. 83 of 2015, summons issued in Title Appeal No. 62 of 2006, order dated December 21, 2016 passed in WP 28891(W) of 2016 (Biswajit Majumder v. KMC & Ors.), order dated August 7, 2019 in WP 13716(W) of 2019 (Biswajit Mazumder v. The KMC & Ors.).

Prayer has been made for dismissal of the writ petition with exemplary costs.

Learned advocate representing the Kolkata Municipal Corporation submits that the issue has already been decided by the appropriate forum.

The private respondents are directed to file a short affidavit disclosing all the aforesaid facts and documents.

Let a copy of the affidavit be prepared and served upon the learned advocates representing the petitioner and the Kolkata Municipal Corporation by April 11, 2023. Exception to the same may be filed by the petitioner by April 17, 2023.

List on April 19, 2023 marked "For orders."

Sh                                            (Amrita Sinha, J.)