Ajmira Begum & ORS v. The State Of West Bengal & ORS

16.08.2022 Item No. 80 Ct. No. 25 PG WPA 9057 of 1997 Sk. Sajadur Rahaman (since deceased) represented by his legal heirs Ajmira Begum & Ors.

VERSUS

The State of West Bengal & Ors.

Mr. Animesh Das Mr. Sk. Md. Ali .....for the Petitioners Mr. Fazlul Haque ....for the Kolkata Municipal Corporation The grievance of the petitioners is that the Kolkata Municipal Corporation has illegally mutated the name of the respondent nos. 6 and 7 in the Assessment Register of the Corporation. The petitioners claim to have submitted a representation as far back as in the month of March, 1997 praying for deletion of the name of the respondent no. 7 from the assessment records and to mutate the name of the petitioners in respect of Premises Nos. 254 and 255, Acharya Prafulla Chandra Road, Kolkata700006. Mr. Haque, learned advocate appears for the Kolkata Municipal Corporation and submits on instructions that no decision has been taken by the respondent/Corporation on the representation of the petitioners dated March 18, 1997 praying for deletion

of the name of the private respondents from the Assessment Register and for inclusion of the petitioners' name therein.

In view thereof, this Court is of the considered view that the interest of justice would be subserved if the concerned respondent authority is directed to take a decision on the petitioners' representation dated March 18, 1997 by passing a reasoned order.

Accordingly, W.P.A. No. 9057 of 1997 is disposed of by directing the Assessor-Collector (North) Assessment, Collection Department, Kolkata Municipal Corporation being the respondent no. 4 herein to consider the representation of the petitioners dated March 18, 1997, which is appearing at page-49 of the writ petition and to dispose of the same by passing a reasoned order strictly in accordance with law after giving an opportunity of hearing to the petitioners as well as all interested parties including the private respondents and to communicate the same to the parties.

The entire exercise shall be completed as expeditiously as possible and preferably within a period of six weeks from the date of communication of this order along with a copy of the representation dated March 18, 1997.

There shall be, however, no order as to costs.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(Hiranmay Bhattacharyya, J.)