Punjab National Bank And Others vs Shri Tapas Dhara And Others
2023 Latest Caselaw 1895 Cal

March 22, 2023
Sl. No.30
Court No.1
s.biswas
                                    FMA 14 of 2023
                                         With
                                     CAN 1 of 2023
                           Punjab National Bank and others
                                         vs.
                             Shri Tapas Dhara and others

                  Dr. Chapales Bandyopadhyay,
                  Ms. Anandamayee Dutta,
                  Ms. Atmaja Bandyopadhyay,
                  Mr. Monojit Das,
                  Ms. Gargy Basu, Advocates
                                                       ... for the appellants
                  Mr. Kishore Mukherjee,
                  Mr. Sankha Subhra Ray,
                  Mr. Ahitagni Dey, Advocates
                                        ... for the respondent Nos.1 and 2

Mr. Dwajadas Chakraborty, Ms. Paushali Banerjee, Advocates ... for the respondent Nos.3 to 5 (KMC)

The affidavit of service filed by the appellants is

taken on record.

Learned counsel for the appellants has

submitted that it was a non-statutory contract

relating to payment of proper tax. Hence, in view of

the judgment of the Hon'ble Supreme Court in the

matter of M/s. Radhakrishna Agarwal and others

vs. State of Bihar and others reported in AIR 1977

SC 1496, writ is not the proper remedy. He further

submits that the appellants were not given any

opportunity to file affidavit-in-opposition and learned

Single Judge has entered into the arena of disputed

question of fact and that the amount in respect of

the area in occupation of the appellants has not been

ascertained.

FMA 14 of 2023

Though learned counsel for the respondent writ

petitioner has tried to defend the order of the learned

Single Judge, but he has not advanced any

argument on the issue if such a non-statutory

contract relating to payment of tax can be enforced

by way of writ petition.

We are of the view that the above question

needs to be examined by the Court. Hence the

operation of the impugned order of the learned

Single Judge is stayed till the next date of hearing.

List on 3rd May, 2023.

(Prakash Shrivastava, C.J.)

(Rai Chattopadhyay, J.)