Rohan Jhawar v. The Kolkata Municipal Corporation And ORS

OD-8 ORDER SHEET WPO/1713/2023

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE ROHAN JHAWAR VS THE KOLKATA MUNICIPAL CORPORATION AND ORS

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 16th October, 2023.

Appearance:

Mr. Raghunath Chakraborty, Adv.

Ms. Amrita De, Adv.

. . .for the petitioner.

Mr. Biswajit Mukherjee, Adv.

. . .for the K.M.C.

The Court: The petitioner seeks refund of the amount that is lying with the Corporation consequent to the order of adjustment issued by the Assessment Collection Department of the Corporation.

The Chief Manager Revenue (South), Kolkata Municipal Corporation is directed to refund the amount lying in the suspense account of the Corporation in accordance with the law laid down by the Hon'ble Division Bench of this Court on 13th October, 2023 in APOT No. 222 of 2023, IA No. GA/2/2023, WPO/3374/2022 in the matter of The Kolkata Municipal Corporation & Ors. Vs. Abas Nibas Pvt. Ltd. & Ors.

The refund shall be made at the earliest but positively within a period of twelve weeks from the date of communication of this order subject to compliance of all necessary formalities.

Learned advocate for the petitioner is directed to forward copy of the representation dated 26th June, 2023, the suspense detailed report by the Assessment Collection Department of the Corporation and the legal representation dated 6th October, 2023 to the aforesaid respondent at the time of communicating the order of Court.

WPO No. 1713 of 2023 is disposed of.

Affidavit of service is taken on record.

Urgent certified photocopy of this order, if applied for, be supplied to the parties or their advocates on record expeditiously on compliance of usual legal formalities.

(AMRITA SINHA, J.) sp/