The Kolkata Municipal ... vs Smt. Sreeparna Maharatna
2021 Latest Caselaw 3922 Cal

23rd July,

(AK)

C.O. 1269 of 2021

The Kolkata Municipal Corporation Vs.

Smt. Sreeparna Maharatna

(Via video conference)

Mr. Alok Kumar Ghosh Mr. Dwijadas Chakraborty ...For the Petitioner.

Learned counsel for the petitioner has made out a

strong prima facie case as to whether the tribunal below

proceeded on a patently erroneous premise in assessing

the valuation of a property merely on the basis of its

previous order, without disclosing the details of such

order and/or the factual matrix of the said case or even

applying the relevant yardsticks in respect of the

valuation, as settled by different judgments of this court

and the Supreme Court.

Accordingly, the petitioner shall serve a copy of

C.O. 1269 of 2021 on the opposite party, indicating that

the matter shall next be enlisted on August 17, 2021,

when the petitioner shall file an affidavit-of-service.

The operation of the order dated February 21, 2019

shall remain stayed till September 15, 2021 or until

further orders, whichever is earlier.

As per prayer made by learned counsel for the

petitioner, leave is granted to the petitioner to file a

supplementary affidavit, upon service of an advance copy

of the same on the opposite party as well, explaining the

reasons for the delay in preferring the instant revisional

application, on the next date of hearing.

(Sabyasachi Bhattacharyya, J.)