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2026 DAILYLAW 35318 (CAL)

KAKALI BOSE AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/12838/2026 · 2026-08-17

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.08.2026 Item No. AD 5 Saswata WPA 12838 of 2026 Kakali Bose and ors. Versus The State of West Bengal & Ors. Mr. Suryaprasad Chattopadhyay Ms. T. Mancherji Mr. Samudraneel Nandi …For the petitioners Ms. Piyali Sengupta Ms. Manisha Nath .…For the KMC 1. The instant writ petition has been filed, inter alia, praying for a direction upon the municipal authorities to forthwith mutate the names of the petitioners with respect of the property forming subject matter of the instant writ petition. 2. The municipality has since filed a report and in such report it has been stated that since a water body exists within the applied plot, it is necessary to obtain observations and clearance from the E & H department. The E & H department, in turn, requested the applicant to furnish the requisite information and submit the following documents & information. The particulars of such disclosures as stated above are extracted hereinbelow:  Area and Character as per Current IB copy prior to 1984 up to date authenticated by assessment department.  Whether any separation from the mother premises has previously been give, if yes, then how the tank area has been distributed if any?  The area, character, dag no. , mouza no. JL no., Khatian no. etc as per mother deed, chain deed chronologically. 2  Parcha, Mutation Certificate, Conversion Certificate (if any) is required to be verified from the issuing authority.  Submit Site Plan (Scale 1:200) of the mother plot,m applied plot showing ponds/water body(s) superimposed over Mouza Map mentioning Dag No(s). from BL & LRO Records. 3. The report further records that the applicant has submitted all the relevant information along with the documents given above. However, they have failed to provide Record of Rights and mutation certificate from the issuing authority. 4. Having heard the learned advocates appearing for the respective parties and the disclosure made by the petitioners in the form of an exception to the report filed by the municipal authorities which is taken on record, I find that the petitioners have disclosed several documents including certain Record of Rights. Having regard to such disclosure made, ordinarily the municipal authorities ought to have decided the petitioners’ mutation application. 5. Be that as it may noting the disclosures made in the writ petition and the affidavit filed today, the municipality authority are directed to take an informed decision in this matter on an expeditious basis and to decide on the petitioners’ mutation application by passing a reasoned order. 6. It is expected that the decision shall be taken within a period of 8 weeks from the date of communication of this order. 7. With the above direction and observation, the writ petition is disposed of. 3 (Raja Basu Chowdhury, J.)