Anand Pratap Singh v. Kolkata Municipal Corporation And ORS

OD-2 ORDER SHEET WPO No.1562 of 2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE ANAND PRATAP SINGH VS.

THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:8th September, 2023.

Mr. Pradeep Kumar, Mr. Ram Sewak Rai, Advocates for the Petitioner.

Mr. Biswajit Mukherjee, Mr. Swapan Kr. Debnath, Advocates for KMC.

The Court:-The petitioner is aggrieved by the steps taken by the Kolkata Municipal Corporation under Section 220(2) read with Section 219 of the Kolkata Municipal Corporation Act, 1980.

Challenging the action of the Corporation, a notice demanding justice dated 05.08.2023 was served. The same is pending consideration at the end of the Assessor-Collector [South], Kolkata Municipal Corporation. Issue relates to unpaid property tax.

Learned advocate representing the Kolkata Municipal Corporation submits, upon instruction that, the share of the petitioner has already been assessed by the respondent authority and the petitioner is required to pay the said dues.

Without entering into the merit of the claim of the petitioner, the instant writ petition is disposed of by directing the Assessor-Collector [South], Kolkata Municipal Corporation to take into consideration the legal representation filed on behalf of the petitioner on 05.08.2023 in accordance with law, after giving a reasonable opportunity of hearing to the petitioner and to pass a reasoned order

within a period of four weeks from the date of communication of this order and communicate the reasoned order to the petitioner immediately thereafter. It is made clear that this Court has not entered into the merit of the claim by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation. Learned advocate for the petitioner is directed to forward a copy of the legal representation dated 05.08.2023 and all other supporting documents to the aforesaid respondent at the time of communicating the order of the Court. Writ petition stands disposed of.

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