Sarsuna Janakalyan Samity & anr. v. The KMC & Ors.
Case at a glance
Outcome
Disposed of
petition is disposed of
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 55. With the above observations and directions the writ petition is disposed of. (Raja Basu Chowdhury, J.) 4
Judgment
to be embarked by this Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India at first instance, by reasons of specific statutory remedy, no decision is rendered thereon. Thus on the consideration that plot No. 1793 to the extent of 31 decimal stands recorded in the name of the State, I am of the view that no injunction of any nature can be granted insofar as utilization of the aforesaid plot by the State, in the manner it chooses, in accordance with law. The aforesaid order shall, however, not interfere with the rights of the petitioner to challenge the aforesaid recording if so advised, in accordance with law before appropriate forum. The aforesaid, however, shall not tantamount to a leave granted to the petitioner to challenge the same.
Since the municipality is only interested in the plot no. 1793 as aforesaid to the extent of 31 decimals, and if there be no other impediment, it shall be for the municipality take adequate steps utilization thereof in accordance with law without in any way interfering or impinging upon the rights of any other including that of the persons whose name appear in the record of rights to the extent of .02 decimals.
Operative part
With the above observations and directions the writ petition is disposed of. (Raja Basu Chowdhury, J.) 4
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Which court decided this case, and when?
Calcutta High Court, on 14 Jan 2026. The bench was RAJA BASU CHOWDHURY.
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.