- (1.) Despite direction no affidavit-in-opposition has been filed by the Kolkata Municipal Corporation (hereinafter referred to as 'KMC') as well as the Thika controller.
(2.) The petitioner filed the instant writ petition challenging the order dated 18th February, 2006 passed by the Assessor/Collector (South) thereby canceling the mutation of the names of the petitioners. Initially this Court passed an interim order on 5th May, 2006 staying the operation of the order dated 18th February, 2006 passed by the Assessor/Collector (South).
(3.) The petitioners' case in brief is as follows:- That the petitioner applied for mutation of their names as owners of the premises no.17C, Dent Mission Road, Kolkata-700073 after purchasing the same from the recorded owner of the said premises by registered deed of conveyance in the year 1996. The petitioners' prayers for mutation was allowed by the Municipal Authority after giving hearing to the petitioners as well as the private respondent no.7 to 23. Subsequently, the said order of mutation dated 13th February, 2003 was recalled by the Municipal Authority at the instance of the private respondents who claimed that they have Thika tenancy right in respect of the said property.;