These two appeals and the connected applications arise out of the same set of facts and hence have been taken up for hearing and disposal together.

In re : CAN 1 of 2022 (in MAT 2048 of 2022) MAT 2048 of 2022 is directed against a judgment and order dated September 8, 2021 whereby WPA 12116 of 2021 was disposed of. There is a delay of 438 days in filing this appeal.

Having heard learned counsel for the parties, we are satisfied with the explanation furnished for the delay. The delay is condoned.

I.A. No. CAN 1 of 2022 (in MAT 2048 of 2022) is, accordingly, disposed.

In re : CAN 1 of 2022 (in MAT 2043 of 2022) MAT 2043 of 2022 is directed against an order dated November 10, 2022 passed in CAN 1 of 2021 in connection with WPA No.12116 of 2021, which was an application for modification of the parent order dated September 8, 2021. There is a delay of 10 days in filing this appeal.

Having heard learned counsel for the parties, we are satisfied with the explanation furnished for the delay. The delay is condoned.

I.A. CAN 1 of 2022 (in MAT 2043 of 2022) is disposed of.

The appellants herein approached the learned Single Judge by filing WPA 12116 of 2021, with the grievance that the decision of the Board of Administrators of the Kolkata Municipal Corporation dated February 3, 2021, was not being implemented.

Basically, the grievance of the appellants herein was that their premises was not being separated and mutated by the Corporation. There is a partition decree from a competent Civil Court. The property in question has been partitioned by metes and bounds.

2 The learned Judge recorded the submission made on behalf of the Corporation that a decision has been taken to act in terms of the decision of the Board of Administrators dated February 3, 2021. The formal order was yet to be communicated to the writ petitioners. The learned Judge disposed of the writ petition with the following observations :-

“Under such circumstances, nothing remains to be decided here as the contentions of the petitioners have been addressed by the corporation. The corporation shall issue a formal order indicating to the petitioners about the implementation of the decision of the Board of Administrators with regard to the mutation of the manes of the petitioners in respect of their one-

third share in the land and the water body.

The entire exercise shall be completed by the Kolkata Municipal Corporation within a period of eight weeks from date of communication of this order.”

Since the issue of separation of the premises and an allotment of a separate municipal number was not covered by the aforesaid order, the appellants filed an application for modification of the aforesaid order which was disposed of by the learned Single Judge by 3 an order dated November 10, 2022, which is the subject matter of the Second Appeal. The said application was disposed of with the following observations :-

“On the first day when the application was taken up, the contention of Mr. Mukherjee, the learned Advocate for the Corporation, was that the petitioners had already been intimated that the water body cannot be separately mutated in the names of the co-sharers, but the assessment book of the Kolkata Municipal Corporation would record the mutation against an assessee number. This Court had directed the Corporation to communicate the decision with regard to the petitioners’ application for mutation by its order dated September 8, 2021. Such order was passed on the basis of the decision of the Chairperson, Board of Administrators dated February 3, 2021, which is at page 16 of the application.

Under such circumstances, until the Corporation communicates its decision as per the direction of this Court, nothing remains to be decided in the modification application.

The modification application is based on an 4 apprehension that the decision of the Board of Administrators shall not be carried out by the Corporation.

In case the Corporation passes an order, which is not satisfactory to the petitione

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