Biswanath Biswas v. The Kolkata Municipal Corporation And ORS.

04.01.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 21587 of 2022 Biswanath Biswas -versus The Kolkata Municipal Corporation & Ors.

Mr. Sayan Chattopadhyay, Mr. Rokon Ali, Ms. Ayesha Iman.

...For the Petitioner.

Mr. Dipankar Ghosh.

...For KMC.

Ms. Ekta Sinha.

...For SBI.

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

Leave is granted to the learned advocate appearing for the petitioner to correct the description of the respondent No.4 in the cause title of the writ petition.

The petitioner seeks for a direction upon the Assessor Collector (North) for consideration of the representation made on his behalf by the learned advocate seeking re-assessment of property tax in respect of the property at 64/3/1, Dr. Suresh Chandra Banerjee Road, Kolkata-700010.

Learned advocate appearing for the Kolkata Municipal Corporation is yet to receive instruction in the matter.

As it appears that the legal representation filed on behalf of the petitioner is pending consideration at the end of the Assessor Collector (North), accordingly, the present writ petition is disposed of by directing the Assessor Collector (North) to consider the representation filed on behalf of the petitioner on 10th July, 2022 in accordance with law after giving a reasonable opportunity of hearing to all the necessary parties and pass a reasoned order at the earliest, but positively within a period of twelve weeks from the date of communication of a copy of this order and communicate the same to the parties immediately thereafter.

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 petitioner is directed to forward a copy of the representation dated 10th July, 2022 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.)