Suman Saha v. The Kolkata Municipal Corporation And ORS

OD-1 ORDER SHEET WPO No.1439 of 2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SUMAN SAHA

VERSUS

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 4th August, 2023.

Appearance:

Mr. Raghunath Chakraborty, Adv.

Mr. Supratik Shymal, Adv.

Ms. Sonali Sengupta, Adv.

Ms. Jayasree Gayen, Adv.

Ms. Somasree Dutta, Adv.

...for Petitioner.

Mr. Alak Kumar Ghosh, Adv.

Mr. Dilip Kumar Chatterjee, Adv.

...for KMC.

Mr. Puspendu Chakraborty, Adv.

...for Respondent No.4.

The Court:-In compliance of the direction passed by the Hon'ble Division Bench of this Court on 24.02.2023 in APOT/53/2023, IA No.GA/1/2023 arising out of WPO/3232/2022 (Suman Saha Vs. The Kolkata Municipal Corporation & Ors.), the Corporation heard the parties and passed order on 12.05.2023. As a consequential action to the said order the Corporation effected necessary corrections in the inspection records. The petitioner prays for further details to be included in the inspection book. A representation was made by the petitioner on June, 2023. The same is allegedly to be kept pending.

Learned advocate representing the private respondent submits that the issue in question is pending consideration before the Thika Controller. If any further correction is made in the assessment book, then the private respondent may be prejudiced.

Without going into the merit of the representation filed by the petitioner, as it appears that the same is pending consideration before the respondent Corporation, accordingly, the present writ petition is disposed of by directing the

Assessor Collector (Tolly Tax Department), Kolkata Municipal Corporation to consider the representation filed by the petitioner on 15.06.2023 in accordance with law, after giving reasonable opportunity of hearing to all the necessary parties within a period of twelve weeks from the date of communication of this order and to pass a reasoned order and communicate the same to the parties immediately thereafter.

Learned advocate appearing on behalf of the petitioner is directed to forward a copy of the representation dated 15.06.2023 along with all other supporting documents to the aforesaid respondent at the time of communicating the order of this Court.

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 filed by the petitioner.

The writ petition stands disposed of.

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