Calcutta High Court
Sushila Devi Agarwal & Ors vs The State Of West Bengal & Ors on 3 February, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
OD-6 ORDER SHEET
WPO No.179 of 2023
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SUSHILA DEVI AGARWAL & ORS.
-Versus-
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date:3rd February, 2023.
Appearance:
Mr. Rabindra Kr. Jaiswal, Adv.
...for Petitioner.
Mr. Biswajit Mukherjee, Adv.
Mr. Dwijadas Chakraborty, Adv.
...for KMC.
The Court:- The petitioners are aggrieved by the amount indicated in
the Letter of Intimation [LOI] dated 18th January, 2023. The petitioners filed
representation on 21.01.2023 before the Municipal Commissioner and seek
direction for consideration of the said representation.
As it appears that the Letter of Intimation permits the assessee to
approach the concerned Assessor-Collector with copy of documents in
support of the claim apropos the demand made and the petitioners filed the
application within the time period mentioned in the Letter of Intimation,
accordingly, the present writ petition is disposed of by directing the
Assessor-Collector [South], Kolkata Municipal Corporation to take into
consideration the representation filed by the petitioner on 21.01.2023
strictly in accordance with law after giving a reasonable opportunity of
hearing to the petitioners and all other necessary parties at the earliest, but
positively within a period of eight weeks from the date of communication of
this order.
2
A reasoned order shall be passed and communicated to the petitioners
immediately thereafter.
It is made clear that this Court has not entered into the merits of the
claim of the petitioners and all points are left open to be decided by the
aforesaid respondent at the time of consideration of the representation
made by the petitioners.
Learned advocate appearing on behalf of the petitioners is directed to forward a copy of the representation dated 21.01.2023 along with all documents in support of the claim to the aforesaid respondent at the time of communicating the order of the Court.
The writ petition stands disposed of.
Affidavit of service filed in Court today is taken on record. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities.
(AMRITA SINHA, J.) nm