Howrah Municipal Corporation v. Shakuntala Devi Dalmia Si
2010-01-07
B.BHATTACHARYA, M.S.SHAH
body2010
DigiLaw.ai
JUDGMENT 1. AT the hearing of the stay application and after taking consent of the learned counsel for the parties, the appeal has been taken up for final disposal. 2. THE appeal is directed against the judgment dated 20th November, 2009, of the learned single Judge of this Court allowing the writ petition of respondent Nos. 1 and 2 (hereinafter referred to as the writ-petitioners). By the judgment under appeal, the learned single Judge has set aside the decision of the Howrah Municipal Corporation and directed the Corporation to mutate the assessment book and other related records incorporating the names and other necessary particulars of the writ-petitioners in respect of the property being premises No. 37/1, Sailendra Bose Road, Salkia, Howrah. The learned counsel for the appellant Municipal Corporation submits that the appellant Corporation is required to issue notice of a opportunity of hearing to the persons whose names are already recorded in the assessment book as owner of the property and also that the Corporation would not mutate the names in the assessment book when municipal taxes are outstanding in respect of the property in question. 3. THE learned counsel for the writ-petitioners/respondent Nos. 1 and 2 herein submits that the writ-petitioners have been driven to file one writ petition after another for getting the relief. Now that the learned single Judge has already decided the controversy and has already held that the Shebaits were not required to obtain permission from the concerned District Judge for alienating the property in question, it is not open to the Corporation to raise any such contention. 4. HAVING heard the learned counsel for the parties, we are inclined to dispose of this appeal with a direction that the appellant Municipal Corporation shall first issue notices to the persons whose names are recorded in the assessment book as owners of the property and inform them that the appellant- Corporation has been directed by the judgment dated 20th November, 2009, of the learned single Judge in Writ Petition No. 9660 [W] of 2006 to mutate the assessment book and other related records for incorporating the names and other necessary particulars of the writ- petitioners and that the direction of the High Court will be complied with within one month after sending such intimation. Such intimation shall be given to the persons, whose names are recorded in the assessment book, within a fortnight from today.
Such intimation shall be given to the persons, whose names are recorded in the assessment book, within a fortnight from today. The appeal is accordingly disposed of after modifying the order of learned single Judge in the above terms. 5. LIBERTY to apply in case of any difficulty. There will be no order as to costs. Let photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) of this Court be handed over to the learned counsel for the parties on undertaking to file urgent application for certified copy of this order.