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Calcutta High Court

Arambagh Foodmart Private Ltd. And Anr vs The Kolkata Municipal Corporation And ... on 9 February, 2024

Author: Amrita Sinha

Bench: Amrita Sinha

OD-4                             ORDER SHEET

                         IN THE HIGH COURT AT CALCUTTA
                           Constitutional Writ Jurisdiction
                                  ORIGINAL SIDE

                                   WPO/58/2024

                  ARAMBAGH FOODMART PRIVATE LTD. AND ANR.
                                     VS
                 THE KOLKATA MUNICIPAL CORPORATION AND ORS.

         BEFORE:
       The Hon'ble JUSTICE AMRITA SINHA
         Date: 9th February, 2024.
                                                                           Appearance:
                                                              Mr. Raghunath Chakraborty, Adv.
                                                                     Mr. Supratik Shymal, Adv.
                                                              Mr. Sama Mishra Chatterjee, Adv.
                                                                                 ...For Petitioner.
                                                                   Mr. Biswajit Mukherjee, Adv.
                                                                 Mr. Swapan Kr. Debnath, Adv.
                                                                                      ...For KMC.
                                                                      Mr. Manoj Malhotra, Adv.
                                                                    Mr. Manoj Kr. Mondal, Adv.
                                                                        ...For State respondent.

Mr. Avirup Mondal, Adv.

Mr. A. Z. Mondal, Adv.

...for Respondent no.4.

The Court:-The petitioner has prepared a demand draft in favour of the Kolkata Municipal Corporation for a sum of Rs.15 lakh only on 06.02.2024 vide draft no.211862 drawn on the State Bank of India.

The petitioner is directed to deposit the said bank draft in the office of the Kolkata Municipal Corporation.

Learned advocate representing the Corporation has produced the Letter of Intimation dated 07.02.2024. The break-up of the property tax is mentioned therein.

There is mention in the Letter of Intimation that the assessee may contact the Assessor Collector within 15 days in the event the calculation made in the Letter of Intimation appears to be incorrect.

Let copy of the LOI be handed over to the learned advocate representing the petitioner. The petitioner may take appropriate steps for payment of the due amount in accordance with law.

The petitioner is paying a sum of Rs.18,500/- only as monthly rent to the respondent no.4, Janasevak Trust. As there is property tax dues and 2 the Corporation is entitled to realise the same, accordingly, the petitioner is directed to deposit the monthly rent in favour of the Kolkata Municipal Corporation month by month.

The Kolkata Municipal Corporation is directed to open the padlock within a period of 48 hour of encashment of the demand draft of Rs. 15 lakh.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(AMRITA SINHA, J.) nm