M/S. Hemraj Mahabir Prasad Ltd. And ANR. v. Kolkata Municipal Corporation And ANR.

ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/268/2020 M/S. HEMRAJ MAHABIR PRASAD LTD. AND ANR.

VERSUS

KOLKATA MUNICIPAL CORPORATION AND ANR.

BEFORE:

The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 18th November, 2020.

Appearance:

Mr. Hemant Tiwari, Adv.

Mr. Moti Sagar Tiwari, Adv.

... for petitioner.

Mr. Alok Kr. Ghosh, Adv.

Mr. Swapan Kr. Debnath, Adv.

... for respondent.

The Court: The petitioners have filed this writ petition challenging the notice dated July 13, 2020 issued by the respondent no.2 Assessor-Collector (North) thereby attaching the rent receivable by the petitioners from the various tenants of premises no. 4, Fairley Place (hereinafter referred to as "the said premises"). The ground for issuance of the said attachment order is the default on the part of the petitioners to pay the outstanding municipal rates and taxes in respect of the said premises to Rs.2,69,94,053/- as on August 18, 2020.

On instruction, learned Counsel appearing for the petitioner submits that in view of the waiver scheme introduced by the respondent no.1 Kolkata Municipal Corporation for payment of the outstanding principal amount of rates and taxes excluding interest and penalty at different rates the petitioner may be allowed to avail of the said waiver scheme.

In view of the above submission made by the petitioner, the writ petition is disposed of by allowing the petitioner to approach the concerned authority of the respondent Kolkata Municipal Corporation for availing the benefit of the aforementioned waiver scheme.

There shall, however, be no order as to costs. All parties, including the Officers of Kolkata Municipal Corporation shall act on website copies of this order. (ASHIS KUMAR CHAKRABORTY, J.) mg