14.01.2026 Ct. 3 Item No. 01 sayandeep WPA 26634 of 2024 Sarsuna Janakalyan Samity & anr. Versus The KMC & Ors. Mr. Sudip Ghosh Mr. Dilip Kumar Maiti Mr. Bidish Ghosh ….. for the petitioners Mr. Nilotpal Chatterjee Mr. Suman Basu Ms. Manisha Nath ….. for the KMC Mr. Sagnik Chatterjee Ms. Kakali Pal ….. for the State 1. The present writ petition has been filed, inter alia, praying for a direction upon the KMC not to utilize the play ground at Keyatala Math , Bagpota road, P.O. and P.S. Sarsuna, Kolkata 700061 to the extent measuring 64 decimals out of 1.28 acers in the district of south 24 parganas, P.S. Sarsuna erstwhile Maheshtala Mouza-Sarsuna, JL No. 17 Touji No. 58, 63 CS plot No. 1763, 1793, 1768/ 1868 corresponding to RS Khatian No. 1350 CS khatian No. 1381 within the limit of KMC without due process of law. Incidentally, though the matter was initially moved on 15th December, 2023, however, since the learned advocate for the respondents had mentioned the matter citing extreme urgency, this matter was taken up for WPA 26634 of 2024 2 consideration on 22nd December, 2025 and this Court by an order of even date was, inter alia, pleased to observe and direct as follows: “Though this matter was mentioned, at the instance of the municipality, citing extreme urgency complaining that by reasons of pendency of the writ petition its project for setting up pumping station and sewerage treatment plant has come to a standstill and though the matter has been listed on such basis, however, since the learned advocate for the petitioners would pray for an adjournment to place the relevant documents to establish their ownership over the plot no.1793, Mouza Sarsuna, to the extent of 20 decimals, let this matter stand over and appear under the same heading on 2nd January, 2026. It is, however, noticed that the petitioners have filed the writ petition not only against the Kolkata Municipal Corporation but its officials in their personal capacity who are at present in office, I am of the view that the names of the officials of the respondents should not be permitted to be included in the array of the parties at this stage unless a specific allegation is made against the persons holding the posts. Accordingly, let the individual names of the officials of the Kolkata Municipal Corporation from the array of the parties of the respondents be struck off. Further, taking into consideration the fact that the matter would require the presence of Block Land & Land Reforms Officer, Kolkata, let Block Land & Land Reforms Officer, Kolkata be added as party respondent to the present writ petition. Leave is granted to the learned advocate- on-record of the petitioners to add Block Land & Land Reforms Officer, Kolkata, having its office at Room No.328, 3rd Floor, S. N. Banerjee Road, C.M. O. Building, Kolkata – 700013, as party respondent to the present writ petition, and to serve a copy of the amended petition on the added respondent. The petitioners are also directed to serve a copy of the amended writ petition on the office of the learned Government Pleader and to file an affidavit of service to that effect when the matter is taken up next. WPA 26634 of 2024 3 Leave is also granted to the petitioners to file a supplementary affidavit disclosing additional documents to establish their rights in the property in question. Let such supplementary affidavit be filed on or before the matter is taken up next.” 2. Since then, the State has filed the report of the BL&LRO, South 24 parganas which has been forwarded to the learned advocate for the State by a cover up letter dated 6th January, 2026. The report, however, encloses information on the record of rights. From the aforesaid, it would transpire that RS/LR plot no. 1793 in which the municipal authorities are interested stands vested in the State to the extent of 31 decimals. The balance .02 decimal of the land in the above plot is recorded in the name of Brindavan Saha son of Tulsi Charan Saha of 26, Surya Sen Street, Kolkata 09. 3. Though the learned advocate for the petitioners has raised serious objections as regards the recordings made in the record of rights and has placed before this Court a supplementary affidavit pursuant to the leave granted on 22nd December, 2025 to establish its title, I find having regard to the disclosure made in Court today, there is no scope at this stage for this Court to embark upon an enquiry as regards the correctness of the recordings made in the record of rights. Since, the correctness of the recordings can be disputed only in the manner prescribed by law and such enquiry ordinarily is not WPA 26634 of 2024 4 to be embarked by this Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India at first instance, by reasons of specific statutory remedy, no decision is rendered thereon. Thus on the consideration that plot No. 1793 to the extent of 31 decimal stands recorded in the name of the State, I am of the view that no injunction of any nature can be granted insofar as utilization of the aforesaid plot by the State, in the manner it chooses, in accordance with law. The aforesaid order shall, however, not interfere with the rights of the petitioner to challenge the aforesaid recording if so advised, in accordance with law before appropriate forum. The aforesaid, however, shall not tantamount to a leave granted to the petitioner to challenge the same. 4. Since the municipality is only interested in the plot no. 1793 as aforesaid to the extent of 31 decimals, and if there be no other impediment, it shall be for the municipality to take adequate steps for utilization thereof in accordance with law without in any way interfering or impinging upon the rights of any other including that of the persons whose name appear in the record of rights to the extent of .02 decimals. 5. With the above observations and directions the writ petition is disposed of. (Raja Basu Chowdhury, J.)