Malati Pal vs Kolkata Municipal Corporation & ...
2023 Latest Caselaw 4506 Cal

26.07.2023
Item No.10.
Court No.6.
   AB
                                  M.A.T. 1695 of 2016

                                 Malati Pal
                                     Vs
                   Kolkata Municipal Corporation & Others


                    Mr. Surya Prasad Chattopadhyay,
                    Mr. Arjun Samanta      ...for the Appellant.

                    Mr. Ranajit Chatterjee,
                    Ms. Tanushree Dasgupta ....for the KMC.

                    Mr. Surojit Nath Mitra, Sr. Adv,
                    Mr. Arindam Banerjee,
                    Mr. Saptarshi Datta,
                    Ms. Srinjita Ghosh,
                    Mr. Pourush Kanti Pal ....for the Skyline Vanijya
                                                     Private Limited.


                    Leave is granted to the appellant to correct the

              cause title of the appeal papers.

                    This appeal is directed against a judgment and

              order dated May 11, 2016, passed in W. P. No.5160

              (W) of 2016, being a writ petition filed by the

              respondent no.7 in the appeal (Skyline Vanijya Private

Limited).

The appellant today says that the Thika

Controller has already come to a finding that the

properties in question are thika properties.

We see from the order impugned that the

learned Judge had required Kolkata Municipal

Corporation to revise mutation of names of any

person entered as thika tenant in respect of the

properties in question pending final determination by

the Thika Controller as to whether or not the

properties were thika properties.

Learned Senior Advocate for Skyline Vanijya

Private Limited says that this exercise was never

undertaken.

Learned Advocate for the appellant (Malati Pal)

says that the exercise directed by the learned Single

Judge was undertaken. Learned Advocate prays for

leave to file a supplementary affidavit to bring on

record relevant documents. Such leave is granted. Let

such affidavit be filed by the next date with advance

copies to learned Advocates for the other parties.

We enquired of learned Advocate for Kolkata

Municipal Corporation as to why the Corporation did

not undertake the exercise mentioned above. Learned

Advocate says that she needs time to obtain

instructions.

As prayed for, list the matter once again on

2.8.2023 for further hearing.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)