KUNAL DAS AND OTHERS v. THE KOLKATA MUNICIPAL CORPORATION AND ANR.
WPO/44/2026 · 2026-04-20
Raja Basu Chowdhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10243 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10243 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OD-03
WPO/44/2026 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE
Kunal Das & Ors. Versus The Kolkata Municipal Corporation & Anr.
Before:
The Hon’ble Justice RAJA BASU CHOWDHURY Date: 20th April 2026
Appearance: Mr. Anindya Lahiri, Advocate Mr. Anish Chakraborty, Advocate Mr. Subhomoy Paul, Advocate for the petitioners Mr. Biswajit Mukherjee, Advocate Ms. Piyali Sengupta Advocate Mr. Shreya Bhattacahrjee, Advocate for the KMC
The Court: 1. Challenging an order passed by the municipal authorities dated 9th May 2025 rejecting the petitioners’ mutation application regarding premises nos. 37/3A and 37/3B, Kabisekhar Kalidas Roy Road, Kolkata under the assessee nos.110882100595 and 110882100601, the instant writ petition has been filed.
2. The learned advocate representing the petitioners would submit that the rejection order passed by the municipality only speaks of cancellation due to submission of inappropriate documents without identifying the documents which were found wanting.
3. Mr. Mukherjee, learned advocate appears for the municipality. He submits that there are reasons to support the order of cancellation.
2 Unfortunately, such reasons have not been disclosed. He seeks leave to rely on the documents to support the cancellation.
4. Having heard the learned advocates representing the respective parties and noting that the order of cancellation is bereft of any reason, the same cannot be sustained. The petitioners are entitled to know the specific reasons for which the mutation has been cancelled and what documents were found wanting which led the municipal authorities to reject the mutation application.
5. In the light of the above, the order dated 19th May 2025 passed by the municipality is set aside.
6. The matter is remanded back to the concerned authority with a direction to pass a reasoned order afresh, after giving opportunity of hearing to the petitioners.
7. The writ petition thus stands disposed of.
(RAJA BASU CHOWDHURY, J.)
R. Bose