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Calcutta High Court · body

2026 DAILYLAW 6296 (CAL)

KARUNA MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/16207/2025 · 2026-03-23

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15 23.03.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 16207 of 2025 Karuna Mondal Versus The State of West Bengal & Ors. Mr. Tapas Kumar Dey Mr. Rakesh Roy … For petitioner. Mr. Sudipto Panda Ms. Priyamvada Singh …. For the State. Ms. Piyali Sengupta Ms. Gulnaz Quraishi …. For the Kolkata Municipal Corporation. 1. Mr. Panda, learned advocate representing the State by placing before this Court an affidavit affirmed by the Assistant Director in the office of the Thika Controller would submit that the premises being B/39/H/6/1 Debendra Chandra Dey Road, has never been declared by the Controller to be thika tenanted property for it to vest in the State. Mr. Panda, however, hastened to add that a verification is under process. 2. Ms. Sengupta, learned advocate representing Kolkata Municipal Corporation by placing before this Court the copy of the inspection book in respect of premises being B/39/H/6/1 Debendra Chandra Dey Road, would submit that the same has been recorded in the name of the State of West Bengal represented by the Controller, Thika Tenancy and for the reasons as 2 WPA 16207 of 2025 aforesaid the particular premises has been assigned with the letter ‘H’. 3. Having heard the learned advocates appearing for the respective parties and noting from the affidavit affirmed by the Assistant Director in the office of the Thika Controller on 18th March, 2026 that no return has been filed in respect of the above premises and that the said property has not been declared to be thika property, though a verification in this regard is under process, I am of the view that the municipal authorities should forth with remove the recording made against the aforesaid premises that the same is owned by the State represented by the “Controller Thika Tenancy”. 4. In the event, subsequently, any development takes place, the municipal authorities can act on the basis thereof. For now the municipality should revert back the property in the name of the previous owner prior to incorporation of the name of the State of West Bengal represented by the Controller, Thika Tenancy, in the books of the municipal corporation. 5. The report filed by the municipality along with the copy of the inspection book is taken on record. 6. With the above observations and directions, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)