Suman Saha v. The Kolkata Municipal Corporation And ORS

O-8 WPO/25/2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SUMAN SAHA VS THE KOLKATA MUNICIPAL CORPORATION AND ORS

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 5th February, 2024.

Appearance:

Mr. Raghunath Chakraborty, Adv.

Mr. Supratik Shyamal, Adv.

Ms. Sabarnee Chatterjee, Adv.

Ms. Sonali Sengupta, Adv.

. . .for the petitioner.

Mr. Alok Kumar Ghosh, Adv.

Mr. Dilip Kumar Chatterjee, Adv.

. . .for the K.M.C.

Mr. Pushpendu Chakraborty, Adv.

. . .for the respondent no.4.

The Court: The order passed by the Assessor Collector, Tolly Tax Department on 11th December, 2023 rejecting the petitioner's prayer to rectify the old inspection book is impugned in the present writ petition. The order impugned clearly mentions that a proceeding is pending before the Thika Controller.

The learned advocate representing the private respondent submits that if any order is passed by this Court directing rectification of the records maintained

by the Corporation, then the proceeding before the Thika Controller will become infructuous.

It appears from the submissions made on behalf of both the parties that there are several disputed questions of facts involved in the present writ petition. There are several dates and facts which are disputed by the parties. In such a situation it will not be proper to direct the Corporation to make any change in the records at this stage.

It will be open for the parties to approach the authorities after declaration of their status before the competent forum.

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.) sp/