Progressive Uddyog And ORS v. State Of West Bengal And ORS.

25.01.2023 Ct. 5 D/L 12 ab WPA 1604 of 2023 Progressive Uddyog & Ors.

-VsState of West Bengal & Ors.

Mr. Arabinda Chatterjee, Mr. Debrup Bhattacharjee, Mr. Arkadipta Sengupta ... for the petitioners Mr. Nilotpal Chatterjee, Mr. Prantik Garai ... for the State The grievance of the petitioners arises from an assessment made by the Collector/District Magistrate, North 24 Parganas with regard to deficit stamp duty in FMAT Case No. 644 of 2021 where the petitioners are parties. The deficit stamp duty assessed was Rs. 19.56 lacs. Being aggrieved by the assessment, the petitioners made a representation to the Collector on 9th January, 2023 explaining therein the assessment which should have been made by the Collector, according to the petitioners.

Learned counsel appearing for the petitioners produces a document of 19th January, 2023 from the Collector, North 24 Parganas, Barasat to the District Registrar, North 24 Parganas, Barasat from which it

appears that the Collector has given the latter 10 days from 19th January, 2023 to send a fresh assessment report.

Upon considering the material on record and hearing the stand taken on behalf of the parties, particularly of the learned counsel appearing for the State, this Court is of the view that the writ petition may be disposed of with a direction on the respondent no. 3 being the Collector, North 24 Parganas to consider the representation made by the petitioners on 9th January, 2023 and dispose of the same by passing a reasoned order within 17th February, 2023. The Collector shall hear the representative of the petitioners during the proceedings before passing the impugned order. A copy of the reasoned order shall be communicated to the petitioners by 22nd February, 2023.

It is made clear that this Court has not gone into the merits of the case.

WPA1604 of 2023 is disposed of in terms of the above.

(Moushumi Bhattacharya,J.)