Chandan Ghosh & Ors. v. The Kolkata Municipal Corporation & Ors.
Case at a glance
Outcome
Disposed of
The writ petition stands disposed of
Provisions considered
Judgment
Mr. Bikash Ranjan Bhattacharjee Mr. Dibyendu Chatterjee Ms. Piyali Paul … for the petitioners. Mr. Tanmoy Mukherjee Ms. Kankana Chakraborty Mr. Souvik Das Mr. Rudranil Das Mr. K. R. Ahmed … for the respondent nos.8 & 9 Mr. Alok Ghosh Mr. Swapan Debnath Ms. Piyali Sengupta … for KMC Ms. Anwari Quraishi Ms. Zainab Tahur … for the State. The petitioners are aggrieved by the order passed by the Special Municipal Commissioner (Revenue) allegedly in compliance of an order passed by this Court on September 8, 2021 in WPA 13035 of 2021. The Special Municipal Commissioner rejected the prayer of the petitioner for invocation of Section 397 of the Kolkata Municipal Corporation Act, 1980. It appears that the dispute between the petitioners and the private respondent is with regard to a common 2 passage. The Special Municipal Commissioner was of the opinion that the private respondent was not guilty of encroachment. The specific case of the petitioners is that the private respondent has shown the common passage as his private passage and has obtained the sanctioned plan.
The aforesaid contention of the petitioners is denied by the private respondents. The petitioners pray for a direction upon the Corporation for holding further physical inspection as, according to the petitioners, the earlier inspection was held without giving prior notice to the petitioners. I am convinced after hearing the submissions made on behalf of the parties that the issue cannot be decided by the Municipal Commissioner. There are disputed question of facts which are required to be decided upon examination of witnesses by the competent civil forum. The Municipal Commissioner will not be the appropriate authority to decide the right, title, interest and possession of the common passage which is the bone of contention between the two sides. In view of the above, the entire issue of the common passage is left open to be decided by the competent civil Court as and when the case is filed by either of the parties.
Operative part
The Civil Court shall hear and decide the matter on merits without being influenced by any of the observations passed by the Special Municipal Commissioner of the Kolkata Municipal Corporation in the order dated July 19, 2022. 3 The writ petition stands disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities. Sh (Amrita Sinha, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition stands disposed of
Which statutory provisions did this judgment involve?
Kolkata Municipal Corporation Act, 1980 — s. 397.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.