A Single Bench of the Calcutta High Court recently disposed of a writ petition against cancellation of mutation of property by misinterpretation of order and remanded it for re-adjudication.
The petitioner, Dipali Naskar is aggrieved by the order dated 30th October, 2009 passed by the Deputy Assessor Collector-V, Tollygunge Tax Department, Kolkata Municipal Corporation whereby the said respondent cancelled the mutation of the property in premises no. 69A, Banerjee Para Lane.
The said cancellation was done allegedly relying upon the judgment passed by the Additional District Judge.
The Counsels for petitioner, Subir Banerjee, Md. Hossain and Shaunak Ghosh, contended that the impugned order is a non-speaking one.
The Additional District Judge did not pass any order for cancellation of the mutation. The respondent authority mis-read and mis-interpreted the order of the Court and cancelled the mutation, it was contended by the petitioner counsel.
The Counsels Sanatan Ghosh and Falguni Bandopadhyay, represented the respondent, the Kolkata Municipal Corporation and submitted that the respondent authority was ad idem with the view expressed by the learned Additional District Judge, and accordingly thought it fit to cancel the mutation of the subject premises.
The counsels Biswajit Mukherjee and Tanushree Das Gupta also appeared for the Kolkata Municipal Corporation and Souri Ghosal and Gaurav Mukherjee appeared for the Intervenor.
The Single Bench of Justice Amrita Sinha held that the said order will not create any equity in favour of any of the parties to the pending suit. The Court below should decide the suit on merits without being influenced by the mutation that has been effected in favour of a party. The writ petition was thereby disposed of.
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