Commercial Properties & ... vs The Kolkata Municipal ...
2023 Latest Caselaw 1107 Cal/2

OD-2
                                  ORDER SHEET


                             WPO 909 of 2023
                     IN THE HIGH COURT AT CALCUTTA
                    CONSTITUTIONAL WRIT JURISDICTION
                              ORIGINAL SIDE


            COMMERCIAL PROPERTIES & MERCHANDISE LTD. & ANR.
                               VS.
               THE KOLKATA MUNICIPAL CORPORATION & ORS.


BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date: 1st May, 2023.


                            Mr. Soumya Majumdar, Mr. Arindam Banerjee, Mr. Prasanta
            Naskar, Mr. Sumanta Biswas, Mr. Bikash Shaw, Advocates for the petitioners.

                   Mr. Biswajit Mukherjee, Mr. Gopal Chandra Das, Advocates for K. M.C.

                                     Mr. Mihir Kundu, Advocate for State of West Bengal.




       The Court : The orders passed by the Chief Manager (Revenue-North),

Kolkata Municipal Corporation dated 7th November, 2022 and 4th February,

2023 are impugned in the instant writ petition.

       The petitioners are particularly aggrieved in the manner in which the

calculation has been made. The petitioners submit that the Court has

already laid down the procedure for calculation in the judgment dated 27th

September, 2006 passed in WP No.90 of 2005 (Commercial Properties &

Merchandise Ltd. & Anr. Vs. The Kolkata Municipal Corporation & Ors.).

       According to the petitioners, the impugned calculation is contrary to

the directions (B), (C) and (D) as appearing in page 17 of the aforesaid

judgment.
                                      2




      Learned Advocate representing the petitioners has already prepared a

calculation of the quarter-wise outstanding dues.

      Learned Advocate representing the Kolkata Municipal Corporation

submits that the calculation has been made strictly in accordance with the

direction passed by the Court.

      Since the Court is not the expert body to take a decision with regard

to the calculation made, accordingly, the Court thinks it fit to refer the

matter to the Municipal Commissioner to take a decision in the matter.

      The Municipal Commissioner being the respondent no.2 is accordingly

directed to either take a decision himself or to delegate the matter to any

other appropriate authority superior to the rank of Chief Manager (Revenue-

North) who passed the impugned order. The calculation provided by the

petitioners and the calculation made by the Chief Manager (Revenue-North)

shall be taken into consideration side by side and decide as to whether the

calculation has been made in accordance with the direction laid down by

the Court.

An opportunity of hearing shall be given to the petitioners at the time

of consideration of their case.

A fresh order shall be passed by the concerned authority at the

earliest, but positively by 31st May, 2023. The order shall be placed before

this Court on the adjourned date.

List on 8th June, 2023.

The orders impugned dated 7th November, 2022 and 4th February,

2023 shall be kept in abeyance till 30th June, 2023 or until further order,

whichever is earlier.

Learned Advocate for the petitioners is directed to forward the

calculation prepared regarding the quarter-wise outstanding dues and the

judgment passed by this Court on 27th September, 2006 in WP 90 of 2005

to the aforesaid respondent at the time of communicating the order of the

Court.

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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