- (1.) Since common questions of law and facts arise in both the writ applications they were heard together and dispose of by this common judgment.
(2.) The petitioners claimed to have acquired several plots of land by 22 several conveyance deeds, which are adjoining each other, all situated in Mouza Madurdaha in Borough No.XII of the Kolkata Municipal Corporation. Each of the previous owners has separate assessee numbers for their respective plots of land and bills are raised by the KMC in their names. After transfer of their respective plots, the previous owners along with the petitioners gave notices of transfer in the requisite form to the KMC. After the applications for mutation were made by the said petitioners, the respondent authorities informed the said petitioners that there are outstanding tax dues payable by the previous owners against their separate assessment and it was represented that unless the petitioners cleared the outstanding taxes, mutation applications filed by the petitioner for mutating their names could not be affected. On the basis of the said representation, the petitioners have cleared the outstanding dues. In spite of the aforesaid, the Kolkata Municipal Corporation has failed and neglected to mutate the names of the said petitioners. It is with this grievance, the petitioners filed this writ application.
(3.) The Corporation appears to have refused such mutation on the ground that the State of West Bengal had requisitioned vast plot of land including the entire land of Mouza Madurdaha for the promotion of the Fishery business and allied activities. The Fisheries Department, however, did not give any No-Objection Certificate to the petitioners and so long as the requisition subsists the name of the petitioners cannot be mutated. It was contended that No Objection Certificate from the Fisheries Department is essential to effect mutation.;