Purbanchal Estate Pvt Ltd And ANR v. The Kolkata Municipal Corporation And ORS

OD-2 ORDER SHEET WPO No. 2345 of 2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE PURBANCHAL ESTATES PVT. LTD. & ANR.

-Versus- THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 11th August, 2022.

Appearance:

Mr. Suman Kumar Dutt, Adv.

Mr. Suddhasatva Banerjee, Adv.

Mr. Prasanta Naskar, Adv.

..for Petitioners.

Mr. Ashok Kumar Banerjee, Sr. Adv.

Mr. Achintya Kumar Banerjee, Adv.

Mr. Gopal Chandra Das, Adv.

..for KMC.

The Court:-Assessor Collector (South), Kolkata Municipal Corporation has communicated to the learned Advocate for the Kolkata Municipal Corporation by a letter dated 29th July, 2022 that the impugned Letter of Intimation dated 17th September, 2021 in respect of 3, Alipur Park Place (Assessee No.-110740300039) was issued by Assessment & Collection Department, inadvertently.

It has been mentioned that the matter has not yet been disposed of and the same will be disposed of shortly after giving concerned party reasonable opportunity of hearing in terms of the order dated 30th August, 2019 read with order dated 5th September, 2019 passed by this Court in APO 248 of 2014 arising out of WP 768 of 2005 with APO 415 of 2015 in WP 2007 of 2005.

It appears from the aforesaid communication that the Municipal Commissioner is to hear the parties prior to passing final order in the matter. In view of the aforesaid communication that is placed on record by the learned Advocate representing the Kolkata Municipal Corporation, there is no requirement of proceedings with the writ petition any further. The impugned Letter of Intimation dated 17th September, 2021 is set aside and quashed. The Municipal Commissioner, Kolkata Municipal Corporation is directed to act strictly in compliance with the direction passed by this Court. The writ petition stands disposed of.

Communicating letter dated 29th July, 2022 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