Debasish Ghosh v. Kolkata Municipal Corporation And ORS.

16.01.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 17188 of 2022 Sri Debasish Ghosh -versus The Kolkata Municipal Corporation & Ors.

Mr. Bidyut Kumar Halder, Mr. Indranil Halder.

...For the Petitioner.

Mr. Biswajit Mukherjee, Mr. Swapan Kumar Debnath.

...For KMC.

A letter of intimation was served upon the petitioner in October 2017.

The petitioner is aggrieved by the same.

According to the letter of intimation, an objection may be raised within fifteen days. The petitioner raised objection in January 2018, that is, beyond the period of fifteen days as prescribed in the letter of intimation. The objection filed in January 2018 is yet to be considered.

Without going into the merits of the objection raised by the petitioner, as it appears that the same is pending consideration at the end of the Assessor Collector, Tolly Tax Department, accordingly, the present writ petition is disposed of by directing the Assessor Collector, Tolly Tax Department to consider

the objection received by the said authority on 17th January, 2018 in accordance with law, after giving a reasonable opportunity of hearing to the petitioner at the earliest, but positively within a period of twelve weeks from the date of communication of a copy of this order.

reasoned order shall be passed and communicated to the petitioner immediately thereafter. The petitioner is directed to forward a copy of the letter of intimation dated 13th October, 2017 and the objection received by the Corporation on 17th January, 2018 at the time of communicating the order of the Court.

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

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.)