Mohammed Reazullah And ORS v. Kolkata Municipal Corporation And ORS

ML 109 15.02.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 1744 of 2022 (CAN 1 of 2022) Mohammed Reazullah & Ors.

-versus The Kolkata Municipal Corporation & Ors.

Mr. Rajdeep Bhattacharya.

...For the Petitioners.

Ms. Koyeli Bhattacharya, Mr. Arijit Dey.

...For KMC.

Mr. Subhrangsu Panda, Ms. Ina Bhattacharyya.

...For the Private Respondent Nos. 18 to 22.

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

The grievance of the petitioners is that the legal representation filed before the Kolkata Municipal Corporation on their behalf in January 2022 is yet to be disposed of.

The Corporation and the private respondent nos. 18 to 22 are represented.

As it appears that the grievance of the petitioners has already been highlighted before the Corporation and the authority is yet to decide the issue, the instant writ petition is disposed of by directing the Assessor

Collector (North) being the respondent No.4 herein to consider the legal representation filed on behalf of the petitioners in accordance with law, after giving a reasonable opportunity of hearing to all the necessary parties at the earliest, but positively within a period of twelve weeks from the date of communication of a copy of this order.

The aforesaid respondent shall pass a reasoned order and communicate the same to the parties immediately thereafter.

It is made clear that this Court has not entered into the merits of the claim made by the petitioners and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioners.

The learned advocate appearing for the petitioners is directed to forward a copy of the legal representation dated 17th January, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition and the connected application stand disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)