(Item No. 20) vs (Ab) Bidhannagar Municipal ...
2021 Latest Caselaw 1086 Cal

Court No. 24                        W.P.A 8248 of 2020
08.02.2021
                                 Chiradeep Sirkar
(Item No. 20)
                                        vs
(AB)                 Bidhannagar Municipal Corporation & Ors.



                     Mr. Jaydip Kar
                     Mr. Billwadal Bhattacharyya
                     Mr. Arkaprava Sen
                                           ...for the Petitioner
                    Mr. Debabrata Saha Roy
                    Mr. Arka Nag
                    Mr. Subhankar Das
                                  ........ for Bidhannagar Municipality


                         The petitioner submits that the Bidhannagar

                Municipal Corporation is raising property tax bills without

                taking into consideration and in violation of the provisions

                of Section 110 of the West Bengal Municipal Act, 1993 as

                amended in 2009.

                         The petitioner relies upon a judgment passed by

                the Hon'ble Supreme Court on 18th May, 2007 reported in

                (2007) 6 SCC 668 in the matter of Bidhannagar (Salt

                Lake) Welfare Assn. Vs. Central Valuation Board and

                others and submits that the Bidhannagar Municipal

                Corporation is also not acting in accordance with the

                direction passed by the Hon'ble Supreme Court in the

                aforesaid matter.

                         The petitioner made a representation before the

                Bidhannagar Municipal Corporation by a letter dated 4th

                June, 2019.      The petitioner complains that the said

                representation      has   not   been   considered   by   the

                Bidhannagar Municipal Corporation till date.
                      2




              As it appears that the petitioner has already

raised his grievance with regard to fresh assessment of

property tax and the same is pending consideration at the

end of the Bidhannagar Municipal Corporation, no useful

purpose will be served by keeping the writ petition

pending.

              The writ petition is accordingly disposed of by

directing      the   respondent        no.2,   the      Municipal

Commissioner, Bidhannagar Municipal Corporation to take

necessary steps for consideration of the representation

made by the petitioner on 4th June, 2019, strictly in

accordance with law, after giving an opportunity of hearing

to all the necessary parties, including the petitioner, within

a period of six weeks from the date of communication of a

copy of this order. The said respondent shall pass a

reasoned order and communicate the same to all the

necessary parties, including the petitioner, immediately

thereafter.

It is made clear that this Court has not gone into

the merits of the claim raised by the petitioner and all

points are left open to be decided by the aforesaid

respondent at the time of consideration of the

representation of the petitioner.

The petitioner is directed to forward a copy of the

representation dated 4th June, 2019 to the aforesaid

respondent at the time of communicating the order of the

Court.

Urgent photostat certified copy of this

order, if applied for, be supplied to the parties upon

completion of usual legal formalities.

(Amrita Sinha, J.)