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2025 DAILYLAW 3167 (CAL)

SRI ARVIND KUMAR JAYASWAL AND ANR v. THE KOLKATA MUNICIPAL CORPORATION AND ORS

WPO/304/2024 · 2026-07-20

Raja Basu Chowdhury

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OD-37 IA No. GA/2/2025 WPO/304/2024 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Sri Arvind Kumar Jayaswal & Anr. and The Kolkata Municipal Corporation & Ors. Before: The Hon’ble Justice RAJA BASU CHOWDHURY Date: 20th July 2026 Appearance: Mr. Dilip Kr. Ghosh, Advocate for petitioner nos.2 & 3 Mr. Biswajit Mukherjee, Advocate Mr. Swapan Kr. Debnath, Advocate for the KMC Ms. Sananda Ganguli, Advocate Mr. Shubradip Roy, Advocate for the respondent no.6 IA No.GA/2/2025 1. The instant writ application being IA No.GA/2/2025, in effect, has been filed for expunging the name of the petitioner no.3 and for substituting the name of the applicants in place and stead of the petitioner no.2. 2. The applicants claim that the present writ petition has been filed by the petitioners in their capacity as 50% owner of the premises no. 18/1, Abanindra Nath Thakur Sarani, Kolkata – 700017 (previously known as 18/1, Camac Street) (in short, “the said property”). According to the applicants, the petitioner nos.2 and 3, the only legal heirs of Ashalata Jayaswal, since deceased, the petitioner no.1, 2 who died on 29th January 2025 and on her death the share/interest of the deceased petitioner no.1 to the extent of 16.67% devolved onto the petitioner nos.2 and 3. According to the applicants, the petitioner no.3 has also executed a deed of gift dated 8th July 2025 and gifted her undivided 25% share (16.67%) of her right, title and interest whatsoever in the said property onto the petitioner no.2 and as such the petitioner no.2 who had become the sole and absolute owner of the said property had later sold and transferred by a deed of conveyance dated 16th December 2025 the entirety of his interest in the said property onto and in favour of the applicants. 3. Consequentially, the applicants seek leave to continue with the instant writ petition consequent upon devolution of interest of the petitioners during pendency of the writ petition. The petitioner nos.2 and 3 have, in terms of the order dated 19th January 2025, filed a response in the form of an affidavit and have confirmed the transfer of interest in favour of the petitioner no.3. 4. In the light of the above, taking note of devolution of interest of the petitioner nos.2 and 3 onto and in favour of the applicants, this Court grants leave to the applicants to continue with the present proceeding and be added as added writ petitioners in the present cause. 5. The application being IA No.GA/2/2025 accordingly stands allowed. 6. The department is directed to carry out the aforesaid amendment within a fortnight from date. 3 WPO/304/2024 7. Coming back to the main writ petition being WPO/304/2024, Mr. Mukherjee, learned advocate for the municipality would submit that the entire demand of municipality has since been cleared by the applicants in IA No.GA/2/2025. 8. Since the entire demand has been cleared and since the petitioners do not seek for any other relief, nothing survives in the writ petition. The same is accordingly disposed of. (RAJA BASU CHOWDHURY, J.) R. Bose