Court No. 12 The Kolkata Municipal ... vs Raj Mukherjee
2023 Latest Caselaw 1178 Cal

13. 02. 2023

    BP                            CO 923 of 2019
   Sl.35
Court No. 12             The Kolkata Municipal Corporation
                                       Vs.
                                  Raj Mukherjee

                        Mr. Alok Kumar Ghosh
                        Mr. Fazlul Haque
                                      ..for the petitioner


                            The petitioner/Kolkata Municipal Corporation

               is represented by its learned advocate. The affidavit-of-

               service      as    filed    today      on   behalf    of   the

               revisionist/Kolkata Municipal Corporation be taken on

               record.

                            None turns up on behalf of the opposite

               party.

                            Heard learned advocate for the revisionist at

               length. Perused the impugned judgment.

                            The present revisional application is now

               taken up for passing appropriate order.

                            In this revisional application, as filed under

               Article 227 of the Constitution of India, the order dated

               05.12.2017 as passed by learned 2nd Bench, Municipal

               Assessment Tribunal, Kolkata Municipal Corporation in

               M.A. Appeal No. 1849 of 2012, has been assailed.

                            In course of hearing, learned advocate for the

               revisionist/Kolkata        Municipal    Corporation   submits
                      2




before this Court that while passing the impugned

order, learned Tribunal has placed his reliance upon a

judgement as passed MA.A No. 1819 of 2012, which

was also challenged in C.O. No. 3368 of 2017. It is

further submitted that while disposing C.O. No. 3368 of

2017 arising out of M.A.A. No. 1819 of 2012, a co-

ordinate Bench of this Court by its judgment dated

12.12.2018

was pleased to set aside the said judgment

as passed in M.A. Appeal No. 1819 of 2012 with a

direction to decide the said appeal afresh in strict

compliance with the provisions of the Kolkata

Municipal Corporation Act and its prevailing rules. It is

thus submitted that in order to maintain judicial

discipline and propriety, a similar order may be passed

as passed in C.O. No. 3368 of 2017.

On perusal of the entire materials, as placed

before this Court, it appears that while passing the

impugned judgment, learned Tribunal placed his

reliance upon the judgment as passed in M.A.A. No.

1819 of 2012, which has been set aside on 12.12.2018

by the judgment of a co-ordinate Bench of this High

Court in C.O. 3368 of 2017.

Such being the position, this Court considers

that the impugned judgment as passed in connection

with M.A.A. No. 1849 of 2012 is also required to be

remanded after setting aside the said impugned

judgment. It is thus ordered that the instant revisional

application is hereby allowed. As a result the impugned

order dated 05.12.2017 as passed by learned 2 nd

Bench, Municipal Assessment Tribunal, Kolkata

Municipal Corporation in M.A. Appeal No. 1849 of 2012

is hereby set aside.

The matter is remanded back to the learned

Tribunal to re-hear the arguments of parties of M.A.A.

1849 of 2012 and thereafter shall pass a reasoned

judgment in accordance with the provisions of Kolkata

Municipal Corporation Act and its prevailing rules.

Photocopies of the net copy of the jdugment

as passed in C.O. 3368 of 2017 be taken on record.

Urgent photostat certified copy of this order,

if applied for, be given on priority basis.

(Partha Sarathi Sen, J. )