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IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Mani Square Limited – Appellant
Versus
Kolkata Municipal Corporation – Respondent
Judgment :
Gaurang Kanth, J.
1. The Petitioner has preferred the present writ petition seeking implementation of the judgment dated 27.07.2022 passed by the Hon’ble Supreme Court of India in Civil Appeal No. 2402 of 2015, titled Nemai
2. The facts relevant for the purpose of adjudication of the present case are as follows.
3. One Laxmi Narayan Ghosh was the owner of a parcel of land measuring approximately 2 Bighas, 10 Kottahs, and 3 Chhitacks, comprised in Holding No. 195, Picnic Garden, Tiljala. The said Laxmi Narayan Ghosh died intestate on 23.07.1950, leaving behind his wife Smt. Nilu Bala Ghosh and his son Jitendra Nath Ghosh as his only legal heirs. Upon the death of Smt. Nilu Bala Ghosh, who also died intestate on 07.12.1970, Jitendra Nath Ghosh became the absolute owner of the said property.
4. On 15.12.1973, Jitendra Nath Ghosh executed a registered deed of lease in favour of Badri Narayan Kumar (father of Respondent No. 4-7) and Nemai Chandra Kumar (father of Respondent No. 3), who claimed and represented themselves to be the proprietors of M/s. Kumar Industries, thereby leasing out the said property for a term of 20 years, commencing from 01.12.1973 and expiring on 30.11.199
The Supreme Court's determination of property status as non-Thika mandates the municipal corporation to recognize the Petitioner as the lawful owner for record purposes, despite ongoing civil dispute....
Municipal authorities must accurately reflect ownership in records following judicial rulings; failure to act on rightful claims is legally unacceptable.
Proper ownership rights must be acknowledged in municipal records following judicial clarifications on tenancy status.
Immovable property transfers require a registered deed; agreements to sell or related documents do not confer title and cannot be used for property mutation.
The court ruled that administrative authorities cannot determine leasehold rights without a competent court's declaration, emphasizing the necessity of judicial adjudication for civil rights.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Jurisdiction of revenue authorities to issue mutation orders upheld when confirmed ownership certificates exist, superseding prior claims based on disputed titles.
Rebuttable presumption - Plea of the records not being available or cannot be traced is often cited in matters which come to Court. Section 114 (e) of the Evidence Act, 1872 provides that a Court may....
A landowner's right to mutate property based on a registered sale deed cannot be legally denied without lawful acquisition or evidence of ownership disputes.
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