Calcutta High Court
M/S. Onkar Parivahan Finance Co. ... vs The Kolkata Municipal ... on 31 August, 2022
ORDER SHEET
WPO 2386 of 2022
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S. ONKAR PARIVAHAN FINANCE CO. PVT. LTD. & ANR.
VS.
THE KOLKATA MUNICIPAL CORPORATION & ORS.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date: 31st August, 2022
Mr. Arindam Banerjee, Mr. Sankarsan Sarkar, Advocates for the
petitioners.
Mr. Alak Kr.Ghosh, Mr. Debangshu Mondal, Advocates for K.M.C.
The Court : The petitioners are aggrieved by the act of the Municipal
Commissioner in issuing the notices under Sections 184(3)/184(4) read with
Section 185 of the Kolkata Municipal Corporation Act, 1980 whereby the
Kolkata Municipal Corporation has revised the annual valuation of the
property in question with effect from the 3 rd quarter of the year 2019. The
impugned notices were issued in February and March, 2019 (pages 84 and
87 of the writ petition).
According to the petitioners, the said notices were issued contrary to
the judgment passed by the Division Bench of this Court in Sahujain
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Charitable Society & Anr. V. The Kolkata Municipal Corporation & Ors.
reported in (2018) 3 CHN 328.
The petitioners further challenge the order passed by the Hearing
Officer on 17th July, 2019 whereby the proposed annual valuation has been
accepted. It has been submitted that the Hearing Officer did not consider
the objections that were filed by the petitioners.
The petitioners have raised a preliminary issue of jurisdiction of the
Municipal Commissioner to issue the notices contrary to the order passed
by the Hon'ble Division Bench in the matter of Sahujain (supra).
Learned Advocate representing the Kolkata Municipal Corporation
raises a preliminary objection with regard to the maintainability of the writ
petition before this Court.
It appears that there are mixed questions of law and fact that are to
be considered for deciding the present writ petition.
As an interim measure, the petitioners are directed to deposit an ad
hoc sum of rupees five lakh with the Kolkata Municipal Corporation within
14th September, 2022 and the amount shall be kept in a separate suspense
account. The Kolkata Municipal Corporation is directed to accept the said
amount. The payment and the acceptance both shall be without prejudice to
the rights and contentions of either of the parties.
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The Kolkata Municipal Corporation are restrained from taking any
further steps pursuant to the impugned annual valuation that has been
assessed till 23rd December, 2022.
The respondents are directed to file the affidavit-in-opposition within
a period of four weeks. Reply, if any, be filed within one week after reopening
of the Court after the ensuing long vacation.
The matter shall be treated as ready for hearing after completion of
affidavits.
Supplementary affidavit filed in Court today is taken on record.
Urgent certified photocopy of this order, if applied for, be supplied to
the parties expeditiously on compliance of usual legal formalities.
(AMRITA SINHA, J.)
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