Sahidullah Munshi, J. - (1.) This writ petition has been filed praying for a writ of mandamus upon the respondent corporation not to give effect or further effect to the impugned order dated September 20, 2017, being Annexure P-3, to this writ petition.
(2.) By the order impugned, the Assessor-Collector (GRU), Kolkata Municipal Corporation has allowed the application for mutation in terms of the application dated March 12, 2015 filed by one S.K. Bahauddin Molla. Since from the application of the said petitioner, it appeared before the Corporation that the land belongs to a Wakf Estate, it sought for no objection from the Board of Wakf and in response the Chief Executive Officer of the Board of Wakf as also the Board of Wakf communicated before the Corporation that the property is wakf property and the said Bahauddin Molla was the Mutawali thereof. The writ petitioner claims that although the said Wakf Estate should have disclosed that Wakf was the owner of more than 8 bighas of property, the Mutawali made prayer for mutation of an area of 13 cottahs 5 chitack and 15 sq.ft. property only and such attempt is motivated. According to the writ petitioner, the impugned order should be set aside.
(3.) Today, a supplementary affidavit has been filed before this Court stating that the petitioner made an objection before the Hearing Officer on January 16, 2015. But without considering such objection, the Hearing Officer, namely, Assessor-Collector (GRU) has passed the order. Therefore, according to the petitioner, the order impugned suffers from illegality as also violation of the principle of natural justice and, hence, the impugned order is liable to be set aside.;