Judgment : The Court: The CAN has been filed for restoration of the W P that was dismissed for non-appearance of the petitioners. After hearing advocates for the parties, I am of the view it will be appropriate to restore the W P. The WP under art.226 of the Constitution of India dated September 24, 2012 was filed questioning the things stated in a letter of the Deputy Assessor Collector of Kolkata Municipal Corporation dated December 13, 2010 (W P p.33). The petitioners submitted an application for mutation. The Deputy Assessor Collector wrote the letter dated December 13, 2010 in connection with their mutation application. He directed the petitioners to produce documents mentioned therein. The case of the petitioners is that there is no question of producing any document concerning thika tenancy. In my opinion, they ought to have said so before the Deputy Assessor Collector who issued the letter. For these reasons, I allow the CAN, restore the WP to file and dispose of the WP ordering that the KMC authority dealing with the mutation case shall decide it according to law, after hearing the petitioners, within four weeks from the date this order is served. No costs.