- (1.) This is an appeal against the judgment and order dated 13th of April, 2005 passed by learned Single Bench of this Court in W.P. No. 21473 (W) of 2004.
(2.) The respondent No. 1, as writ petitioner, filed an application under Article 226 of the Constitution praying for direction upon the concerned municipal authority i.e., the Chairman of the Ghatal Municipality, to issue mutation certificate in favour of the said writ petitioner by correcting the assessment record. THE writ petitioner also prayed for quashing of the order dated 9.12.2003 passed by the Chairman, Ghatal Municipality being Annexure- 'P-6' to the writ application. THE petitioner also sought for other reliefs in the said application. Learned Single Bench by order dated 13.4.2005, while disposing of the said writ application, directed the respondent/municipal authorities to grant mutation in favour of the petitioner after completion of legal formalities like payment of mutation fees etc. Learned Court further directed that the mutation was to be granted within a period of four weeks from the date of communication of the order. Being aggrieved by the said judgment and order dated 13.4.2005, the private respondent No. 5 therein preferred an appeal, being F.M.A. No. 999 of 2005. In this appeal, in response to an application being CAN. No. 4672 of 2005, learned Division Bench of this Court by order dated 10.4.2006 stayed the operation of the order dated 22nd March, 2006 passed by the Chairman of the Ghatal Municipality. Learned Division Bench while passing the said order dated 10.4.2006 took into consideration the fac that during pendency of the civil suit between the writ petitioner and the private respondent in respect of the land in question was given direction upon the municipal authority to mutate the name of the writ petitioner. It was in respect of the land comprised in plot No. 709/1 of Mahalla-Konnagar, Ward No. 13. The writ petitioner filed a suit for eviction of the private respondent No. 5 and the said suit is still pending. The respondent No. 5 is contesting the same by filing written statement with counter claim of acquisition of title by way of adverse possession. There is an order directing upon the parties to maintain status quo in the said suit. It appears that the plot No. 709 was divided into two holding numbers, namely, 709 and 709/1. Holding No. 709/1 was mutated in the name of private respondent No. 5. There was, however, claim and counter claim between the petitioner and the respondent No. 5 over mutation of plot No. 709. By order dated 22nd March, 2006, the Chairman of the Ghatal Municipality cancelled the mutation in respect of holding No. 709/1.
(3.) Significantly enough, another appeal was preferred being MAT No. 4576 of 2005 directing against order dated 13th April, 2005, as referred to earlier. Learned Division Bench by order dated 21st March, 2006 passed in connection with the said appeal, being MAT No. 4576 of 2005, disposed of the said appeal with the following observation :- "The only grievance, which has been made by the present appellant in respect of the aforesaid direction of the learned Judge of the writ court is that between the private parties namely the writ petitioner and the private respondent a civil suit is pending and during the pendency of the said civil suit the learned Judge of the writ court directed the appellant to complete the mutation. We do not think that there is any error on the part of the learned Judge in doing so. The learned Judge has made it clear that the question of title will be decided by the civil court. We only add that if mutation is granted by the present appellant pursuant to the order of the learned Judge of the writ court that shall abide by the result of the said civil court proceeding which is pending between the parties..............." The said order dated 21st of March, 2006, however, was recalled by the Division Bench of this Court by order dated 7.9.2007. This was on the ground that the said order dated 21st March, 2006 was passed in absence of the present appellant and without serving of any notice or copy of the application upon her. That was an appeal filed by the Chairman of the Ghatal Municipality as against the judgment and order dated 13th April, 2005 passed by the learned Single Bench of this Court.;