← Library
Calcutta High CourtWPA/2992/2025disposed

Jamuna Sales Pvt. Ltd v. The Kolkata Municipal Corporation And ORS.

2025-03-27Hon'Ble Justice Gaurang Kanth2 pages

27.03.2025 Sl. No. 59 Ct No. 3 SG WPA 2992 of 2025 Jamuna Sales Pvt Ltd.

Vs The Kolkata Municipal Corporation & Ors.

Ms. Debjani Ghosal, Ms. Moumita Nag Mukherjee, Ms. Sanchayita Das.

...for the petitioner Mr. Biswajit Mukherjee, Ms. Piyali Sengupta.

...for KMC 1.

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

2.

The petitioner has preferred the present writ petition seeking refund/adjustment of the excess amount paid by the petitioner towards annual rent. 3.

It is the case of the petitioner that vide assessment order dated 16.09.2011 the annual value of the premises in question was fixed at Rs.1,61,800/-. Hence, in pursuance of the said assessment order the petitioner deposited Rs.6,74,699/-. Subsequently, the Municipal Assessment Tribunal vide order dated 19.04.2018 in MAA No. 1980 of 2011 set aside the order passed by the assessing officer and reduced the annual value to Rs.16,200/-. In view of the same, the petitioner asked the respondent for refund of the

excess payment made by him. However, till date the respondent has not decided petitioner's representation. 4.

Mr. Mukherjee along with Ms. Sengupta states that they are ready and willing to decide petitioner's representation dated 13.11.2024 within a period of four weeks from the date of communication of this order after affording an opportunity of personal hearing to the petitioner and all the concerned.

5.

In view thereof, this Court directs respondent no. 5, Assessor Collector North, The Kolkata Municipal Corporation to decide petitioner's representation dated 13.11.2024 within a period of four weeks from the date of communication of this order after affording an opportunity of hearing to the petitioner and all the concerned.

6.

With the above direction, the present writ petition is disposed of.

7.

There shall be no order as to costs.

8.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Gaurang Kanth, J.)