Form No.J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present : The Hon’ble Justice Raja Basu Chowdhury WPA 18054 of 2025 with CAN 1 of 2025. Anandam Banerjee Versus Kolkata Municipal Corporation & Ors. For the petitioner : Mr. Sandip Kumar De, Mr. Abhijit Sarkar. For the Kolkata Municipal Mr. Srijan Nayak, Corporation Mr. Dwijadas Chakraborty. For the Respondent No.6 : Mr. Debjit Mukherjee, Mr. Kaustav Bhattacharya. For the Respondent No.8 : Ms. Shyanti Poddar. For the applicant in CAN 1 of 2025. : Mr. Abhimanyu Banerjee, Ms. Sudipa Sas. Heard on : 15.06.2026 Judgment on : 15.06.2026 Raja Basu Chowdhury, J (Oral): 1. The petitioner has approached this Court in a second round of litigation. Previously, the writ petitioner alleging, though the premises 2 WPA 18054 of 2025 no. 59A Hazra Road, Kolkata -700019 was recorded in the name of the predecessor-in-interest of the petitioner, however, subsequently without giving any notice to the petitioner the same has been recorded as ‘Bustee’. It is in those facts this Court without entering into the merits of the claim of the petitioner, by an order dated 2nd December, 2024, had directed the petitioner’s representation to be disposed of by the Municipal Commissioner by affording an opportunity of hearing to the parties and by passing a reasoned order. In furtherance thereto, the Municipal Commissioner had passed an order dated 10th February, 2025, by taking note of the report filed by the Thika Controller which records that premises no. B/59A/H/4 Harzra Raod, provides sufficient evidence and had every element to be considered as thika tenancy property and the returnee is liable to be accepted as thika tenant in respect of 1 cottah and 8 chittak of land. The above order records since the matter was pending determination before the Thika Controller, the Commissioner, Kolkata Municipal Corporation was of the view that there was no scope to record the property as non-thika or Bustee. 2. Though, the determination as directed by this Hon’ble Court vide its order dated 2nd December, 2024, came to an end with the passing of the order dated 10th February, 2025, by the Municipal Commissioner, however, the matter has travelled further. Since then on 24th June, 2025, the Thika Controller has passed an order under Section 5(3) of the West Bengal Thika Tenancy Acquisition and Regulation Act, 2001 (hereinafter referred as the “said Act”) in Misc. Case No.9 of 2025 3 WPA 18054 of 2025 concerning premises no. B/59A/H/4, Hazra Road, Kolkata. While considering the return filed by Saraswati Devi in respect of 59A, Hazra Road to the extent of 1 cottah, 2 chittak and 23 sq.ft., the controller has returned a finding that on 18th January, 1982 the subsisting lease having expired, the property did not vest and accordingly the premises being B/59A/H/4, Hazra Road, Kolkata was held to be outside the ambit of the said Act. The mischief of the said Act did not attract the aforesaid 1 cottah, 2 chittak and 23 sq.ft. 3. Since, now a final determination has been made, Mr. Dey, learned advocate representing the petitioner would insist that this Court should direct the Municipal Commissioner to act on the basis of the declaration and correct the municipal records. 4. When the matter came up for consideration since it was detected that the petitioner had approached this Court without making the legal heirs of Saraswati Devi a party and since Saraswati Devi’s legal heirs were represented before the Controller leave was granted to the petitioner’s advocate to add the legal heirs of Saraswati Devi who are claimed to be in possession of the portion of Premises No. 59A Hazra Road, Kolkata -700019, as per the order of the Thika Controller, as party respondents in the present proceeding. 5. Though, the petitioner did not array the returnee or the legal heirs of Saraswati Devi in the present proceedings, however, subsequently in terms of the direction passed by this Court, the legal heirs of Saraswati Devi have been brought on record. The affidavit of 4 WPA 18054 of 2025 service filed in Court today would demonstrate that addressee has left without any prior intimation. Let a copy of such affidavit as filed be taken on record. 6. The municipality and the other respondents are represented. Though, the petitioner has sought for a direction upon the municipal authorities to cancel the recording in all the four number of huts in respect of premises no. 59A Hazra Road, however, having regard to the fact that the aforesaid order passed by the Thika Controller dated 24th June, 2025 only deals with the Misc. Case No. 9 of 2025 relating to return filed by Saraswati Devi, being RF No.86 of 2020 and is confined to premises no. B/59A/H/4, Hazra Road, Kolkata, and since the petitioner seeks for a direction upon the municipality based on the above order, I am of the view that the aforesaid writ petition should be confined to premises no. B/59A/H/4, Hazra Road, Kolkata. 7. Though, the other respondents are represented, the legal heirs of Saraswati Devi being the added respondent nos. 10 to 17 remain unrepresented. Accordingly, upon hearing the parties and considering the materials on record and noting that the controller by its order dated 24th June, 2025 has already declared the premises being B/59A/H/4, Hazra Road, Kolkata, to be outside the purview of the mischief of the said Act, appropriate steps should be taken by the Municipal Commissioner to remove the recording of ‘Bustee’ in respect of the aforesaid premises unless there be any impediment. 5 WPA 18054 of 2025 8. Insofar as recording made in respect of three other premises is concerned, the same is kept open for the petitioner to take appropriate steps in accordance with law. 9. It is expected that the Municipal Commissioner shall take steps on expeditious basis preferably within a period of four weeks from the date of communication of this order. 10. Insofar as the application, being CAN 1 of 2025 is concerned, the same appears to be concerning premises no. B/59A/H/1, Hazra Road, Kolkata. Since, this Court has confined consideration to premises no. B/59A/H/4 only, the above application which concerns premises no. B/59A/H/1, stands disposed of without any order. 11. With the above observations and directions the writ petition stands disposed of. (Raja Basu Chowdhury, J.) sb A.R. (Court)