N. Patherya, J. - (1.) By this writ petition, the petitioner seeks to set aside the order dated 22nd February, 2005 and for mutation of his premises which is comprised in dag nos.994, 994/1083, 994/1084, 994/1085 and 1000/1086.
(2.) The case of the petitioner is that pursuant to a decree passed, a deed of sale was executed in his favour and pursuant thereto he has come into possession of no.2, Chowbaga Road, Kolkata. Once he was in possession, he filed an application for mutation as the same was not considered a writ petition was filed and order passed directing the Municipal Commissioner to dispose of such representation. Accordingly, the representation was considered and disposed of by order dated 22nd February, 2005. By the said order although the Municipal Commissioner is ready and willing to mutate the said premises in the name of the petitioner but has insisted on demarcation and rectification of the registered sale deed without which mutation will not be possible. By order dated 7th August, 2007 and subsequent orders, a valuer surveyor was appointed to inspect the said premises and inspection, accordingly, was made and a report was submitted on 28th October, 2011. After receiving a copy of the said report, GA No. 247 of 2012 was filed for implementing the report filed by the valuer-surveyor. By virtue of the sale deed, the plot sold to the petitioner is identified. Therefore, there should be no reason for any further demarcation and admittedly, there is unauthorized construction and the corporation is siding with persons who have made construction without any sanctioned plan and are in occupation of the illegal construction. Therefore, orders be passed as sought.
(3.) Counsel for the respondent authority submits that pursuant to direction, the Municipal Commissioner has considered the petitioners representation and from the sale deed, it will appear that there is no demarcation. Therefore, unless a demarcation is effected, it is not possible to mutate the said premises in the name of the petitioner. Reliance is placed on 1997 (2) CHN 157 that where disputed question of facts are involved no mutation be directed until demarcation is effected. Therefore, without production of the rectified sale deed and without a proper demarcation of the properties, it is not possible to mutate the premises in the name of the petitioner.;