High CourtsSingle Bench(2020) 06 CAL CK 0004

Anuradha Chaudhuri vs Kolkata Municipal Corporation & Ors

Calcutta High Court · Decided on 5 June 2020

HON’BLE JUDGES
Rajasekhar Mantha, J
CASE NUMBER
General Application (GA) No. 823 Of 2020, Writ Petitions (WP) No. 186 Of 2020

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Judgment

7 paragraphs · 255 words

Rajasekhar Mantha, J

The Court :- The instant application has been filed challenging an order of attachment of the rents payable in respect of Sarat Bose Road, Kolkata for property tax of flat no. 11.

The petitioner complains that reassessment of the premises was done and hearing was supposed to be held on 8th November, 2019. He submits that no hearing was held on that date and an order of assessment was passed and was communicated to the petitioner. It is further alleged that no copy of the order of assessment was, in fact, communicated and that there is violation of principles of natural justice, both on account of non-hearing of petitioner and non-supply of copy of the order. The petitioner seeks interim order against the attachment of the rents payable to the petitioner from the tenant which is a bank.

This Court is at the motion stage and is unable to interfere with any interim order, since there is no clear evidence that the petitioner was given to understand that no hearing was hold at the 8th November,2019 or that no copy of the order was, in fact, supplied to her.

The matter has to be decided only after exchange of affidavits. Let the KMC file affidavit-in-opposition within a period of three weeks from date; reply, if any, within a period of two weeks thereafter.

Any step taken by the KMC in the meantime shall abide by the result of the writ petition.

Parties are to act upon the website copy of this order.