Sujit Dasgupta v. The Kolkata Municipal Corporation And ORS

ML 249 01.02.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 368 of 2022 Sujit Dasgupta -versus The Kolkata Municipal Corporation & Ors.

Mr. Abhirup Chakraborty, Mr. Tuhin Ganguly.

...For the Petitioner.

Mr. Achintya Kumar Banerjee, Mr. Anand Farmania.

...For KMC.

Ms. Chaitali Bhattacharya, Mr. Subhendu Roy Choudhury.

...For the State.

Affidavit-of-service filed in Court today is taken on record.

The petitioner seeks consideration of the notice demanding justice filed on his behalf before the Kolkata Municipal Corporation in connection with the premises no.16/1D, Bosepukur Road, Kolkata-700042, Ward No.67, Kolkata Municipal Corporation.

Without going into the merits of the claim of the petitioner, the instant writ petition is disposed of by directing the Assessor Collector being the respondent No.2 to consider the representation filed on behalf of the petitioner in accordance with law, after giving a reasonable opportunity of hearing to all the necessary

parties and pass a reasoned order within twelve weeks from the date of communication of a copy of this order and communicate the same to the petitioner immediately thereafter.

The petitioner will be permitted to produce all documents in support of his claim before the aforesaid respondent.

It is made clear that this Court has not entered into the merits of the writ petition and the same is left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the notice demanding justice dated 4th September, 2021 to the aforesaid respondent at the time of communicating the order of the Court.

Since the matter is disposed of without calling for any affidavit, the allegations contained in the writ petition are deemed not to have been admitted by the respondents.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)