Anurup Roy And ORS. v. The Kolkata Municipal Municipal Corporation And ORS.

OD -3 ORDER SHEET WPO/356/2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE ANURUP ROY AND ORS.

VS THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 25th April, 2024.

Appearance:

Mr. Sanjoy Saha, Adv.

Mr. Triptimoy Talukdar, Adv.

...For the Petitioner Mr. Biswajit Mukherjee, Adv.

Mr. S.K. Debnath, Adv.

...For the KMC Mr. Dipendra Nath Chunder, Adv.

...For respondent no. 5 Mr. Biswanath Chatterjee, Adv.

Mr. Sobhan Kumar Pathak, Adv.

...For respondent no. 6 The Court: The matter relates to realization of property tax in respect of premises no. 10/4D, Lala Lajpat Rai Sarani under jurisdiction of the Kolkata Municipal Corporation.

Certain amount of property tax is due and payable in respect of the subject premises. The Corporation has apportioned the liability of the owner and occupier for payment of tax. Neither the owner nor the occupier had paid tax in the proportion that was apportioned and calculated by the Corporation in terms of the direction passed by the Court in the earlier round of litigation. The apportionment was done in the year 2018 but till date no tax has been paid.

The petitioner avers and admits in paragraph 20 of the writ petition the share of tax that he is supposed to pay.

It will be open for the petitioner to pay his share of tax. As regards the arrear property tax, it will be open for the Corporation to take steps for recovery of the same in accordance with law.

The writ petition stands disposed of.

Affidavit of service filed in Court is kept 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.) TR/