Avijit De Bhowmick & ANR v. The Kolkata Municipal Corporation & ORS

07.01.2025 Ct. No. 30 S.L No. 36 SM WPA 2466 of 2019 Avijit De Bhowmick & Anr.

Vs The Kolkata Municipal Corporation & Ors.

Mr. Kushal Chatterjee Mr. Abhimanyu Banerjee Mr. Anirban Basak .....for the petitioner Mr. S.R. Saha .....for the respondent no. 4, 5 & 6 Mr. Alok Kr. Ghosh Mr. Manojit Pal ....for the KMC Affidavit-of-service filed be kept with the record. The present writ petition has been filed praying for direction upon the respondent authorities (KMC) to consider the representation dated 28th August, 2018 made by the petitioners upon giving the petitioners an opportunity of hearing and also by passing a reasoned order thereof within a certain period of time. The petitioners in the present case claim to be the owners of the property in this case. It is submitted that the Kolkata Municipal Corporation has erroneously recorded the names of the private respondents in the assessment records, who are actually tenants in respect of the property and not owners.

Learned counsel for the private respondent submits that their names have been recorded only as occupiers and being tenants it has been correctly recorded that they are "occupiers" in respect of the said premises.

On hearing the learned counsel for both the parties and the learned senior counsel appearing for the Kolkata Municipal Corporation, the writ petition is disposed of with the direction that the Kolkata Municipal Corporation shall consider the representation of the petitioners dated 28th August, 2018 within 60 days from the date of this order, on giving due notice to the petitioners and the private respondents and dispose of the said representation by passing a reasoned order in accordance with law and inform the result of the hearing to the parties concerned.

[Shampa Dutt (Paul). J]