Pranab Kumar Banerjee v. The Kolkata Municipal Corporation And ORS

OD-2 ORDER SHEET WPO No.94 of 2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE PRANAB KUMAR BANERJEE

Versus

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:1st February, 2023.

Appearance:

Mr. Alak Kr. Ghosh, Adv.

Mr. Swapan Kr. Debnath, Adv.

Mr. Dilip Kr. Chatterjee, Adv.

Mr. Durga Bhusan Mukherjee, Adv.

...for the Petitioner.

Mr. Ashok Kr. Banerjee, Sr. Adv.

Mr. Fazlul Haque, Adv.

Mr. Debangsu Mondal, Adv.

...for KMC.

The Court:-Grievance of the petitioner is that repeated representations filed by him before the Kolkata Municipal Corporation seeking apportionment of tax in respect of a portion in the premises no.3, Raja Rajkrishna Street, Ward No.16, Kolkata-700006 has not been considered by the authority. At this stage, without going into the merits of the claim of the petitioner, as it appears that his representation is pending consideration before the respondent authority, accordingly, the present writ petition is disposed of by directing the Assessor-Collector [North], Kolkata Municipal Corporation being the respondent No.4 herein to consider and dispose of the representation filed by the petitioner on 25th November, 2022 strictly in accordance with law, after giving reasonable opportunity of hearing to the petitioner and all other necessary parties and pass a reasoned order within a period of twelve weeks from the date of communication of

this order and communicate the reasoned order to the petitioner 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. Learned advocate appearing on behalf of the petitioner is directed to forward a copy of the representation received by the aforesaid respondent on 25th November, 2022 to the aforesaid respondent at the time of communicating the order of this Court.

The writ petition stands disposed of.

Affidavit of service filed in Court today is taken on record. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (AMRITA SINHA, J.) nm