Ajit Das v. State Of West Bengal And ORS.

ML169 26.07.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 9885 of 2021 Ajit Das -versus The State of West Bengal & Ors.

Mr. Debasis Kar, Mr. Husen Mustafi, Mr. Subhajit Chowdhury, Mr. Arka Tilak Bhadra.

...For the Petitioner.

Mr. Chandi Charan De, Mr. Suprabhat Bhattacharyya.

...For the State.

Mr. Rabindra Narayan Dutta, Mr. Hare Krishna Halder.

...For the Respondent Nos. 2 and 3.

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

None appears on behalf of the respondent no. 4 in spite of service.

The petitioner claims to be the owner of the Holding No.306, Ward No. 19, Natagarh Gram under the jurisdiction of Panihati Municipality.

The property tax bills were raised in favour of the petitioner by the Panihati Municipality.

All on a sudden the petitioner noticed that his name has been removed from the records maintained by the Municipality and the name of one Uttam Chowdhury has been inserted in his place.

The petitioner immediately raised an objection before the Municipality through his learned advocate in the month of February 2021 and alleges that the same has not been taken up for consideration till date. There is nothing on record to suggest that changes were made in the assessment register of the Municipality after giving an opportunity of hearing to the petitioner.

In view of the above, the instant writ petition is disposed of by directing the Executive Officer of the Panihati Municipality to take into consideration the representation dated 10th February, 2021 filed by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties, at the earliest, but positively within a period of eight weeks from the date of communication of a copy of this order.

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

The petitioner is directed to forward a copy of the representation dated 10th February, 2021 with a copy of the property tax bills showing his name as the person liable to pay tax to the aforesaid respondent at the time of communicating the order of the Court.

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.)