Ranajit Chatterjee v. The Kolkata Municipal Corporation And ORS

OD-8 ORDER SHEET WPO/1456/2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE RANAJIT CHATTERJEE

Versus

THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 15th March, 2022.

[Via Video Conference] Appearance:

Mr. Arijit Dey, Adv.

Mr. Aniruddha Mitra, Adv.

...for the petitioner Mr. Biswajit Mukherjee, Adv.

Ms. Manisha Nath, Adv.

...for KMC Mr. Deepan Kr. Sarkar, Adv.

Mr. Arunabha Deb, Adv.

Ms. Ashika Daga, Adv.

...for the respondent no.8 The Court : The petitioner has prayed for change of occupancy from commercial to residential in respect of Flat No.3A situated on the third floor of the premises no.34A, Mc-Leod Street, Kolkata-700017 along with a further prayer for issuance of the property tax bills upon change of the occupancy from commercial to residential.

The petitioner has already filed an application in the prescribed form which is annexure P-3 at page 13 of the writ petition. The required fees has also been deposited.

The Corporation is directed to dispose of the application for reconsideration of the valuation due to change of occupancy in accordance with law, upon hearing the petitioner. The Corporation shall claim the property tax upon consideration of the change of user and if any excess is found to have been paid, the same shall be adjusted in accordance with law.

The entire exercise shall be completed within a period of two months from the date of communication of this order. Mr. Mukherjee submits that no further bills at the commercial rate, will be claimed till disposal of the application. WPO/1456/2022 is disposed of accordingly.

(SHAMPA SARKAR, J) RS