Kishan Lal Agarwal And ORS. v. The Kolkata Municipal Municipal Corporation And ORS.

OD-7 ORDER SHEET WPO/1077/2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE KISHAN LAL AGARWAL AND ORS.

Vs THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date : 27th November, 2024.

Appearance:

Mr. Saptansu Basu, Sr. Adv.

Mr. Shyamal Sarkar, Sr. Adv.

Mr. Kumar Gupta, Adv.

Ms. Nibedita Pal, Adv.

Mr. Ananda Gopal Mukherjee, Adv.

Ms. Sonam Ray, Adv.

Ms. N. Khatoon, Adv.

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

Ms. Manisha Nath, Adv.

...for the KMC Mr. Mihir Kundu, Adv.

...for the State The Court: The Corporation acknowledges the fact that the impugned assessment was made without providing any opportunity of hearing to the petitioners. The Corporation is willing to give a fresh notice, conduct a fresh hearing and pass a fresh order.

In that view of the matter, the notices at Annexure-P-7 and the impugned demand dated October 1, 2024, being Annexure-P-8 of the writ petition are set aside.

The Corporation shall issue a fresh notice to the petitioners and proceed in accordance with law.

Accordingly, WPO/1077/2024 is disposed of.

(KAUSIK CHANDA, J.) sg.