Disposed

Shree Shree Gopal Jew and Ors. v. Kolkata Municipal Corporation and Ors.

Calcutta HC27 Jul 2021WPO/249/2021

Case brief

AI extract

What is this about?

This order disposes of a writ petition challenging demand notices issued by the Kolkata Municipal Corporation without observing on the merits, as the notices were treated as withdrawn. The Court permitted fresh challenges to any subsequent notices.

What did the court decide?

Writ petition disposed of without observation on merits; petitioners permitted to challenge future notices on same claims.

Shree Shree Gopal Jew and Ors. Vs Kolkata… — Writ and Judicial Review | Calcutta HC (2021)

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ORDER SHEET WPO 249 OF 2021 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE

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SHREE SHREE GOPAL JEW AND ORS. VERSUS KOLKATA MUNICIPAL CORPORATION AND ORS.

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BEFORE:

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The Hon'ble JUSTICE SHAMPA SARKAR Date : 27^TH July, 2021 .

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APPEARANCE: Mr. Saptangshu Basu, Sr. Adv. Mr. Arindam Banerjee, Adv. Mr. Saunak Sengupta, Adv. Mr. Ayan Chakraborty, Adv …for the petitioner

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Mr. Alok Kumar Ghosh, Adv. Mr. Swapan Kumar Debnath, Adv. ..for the K.M.C

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The Court : Mr. Saptangshu Basu, learned senior Advocate appears for the petitioners. The writ petitioners have challenged notices issued by the Kolkata Municipal Corporation for periods prior to three years from the date of the issuance of the notices.

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Mr. Saptangshu Basu, learned senior Advocate primarily challenged the jurisdiction of the Kolkata Municipal Corporation to issue such notices and submitted that even if there is an option of approaching the hearing officer by filing an objection, the question of jurisdiction of the Kolkata Municipal Corporation to issue such notices can always be raised by way of a writ petition.

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During the course of hearing, Mr. Alok Kumar Ghosh, learned Advocate appearing for the Kolkata Municipal Corporation submits that the Kolkata Municipal Corporation has realized that the notices impugned to the writ petition suffer from some defects and the notices be treated as withdrawn reserving the right to issue fresh demand notices. As such, the grievances of the petitioners do not survive at the moment.

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Under such circumstances, the writ petition is disposed of, without any observation on the merits. If the Kolkata Municipal Corporation subsequently issues any fresh notices to the petitioners on self-same claims, the petitioners shall be at liberty to challenge the same in accordance with law and this order shall not act as a bar.

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Parties to act on the server copies of this order.

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(SHAMPA SARKAR, J.)

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Sbghosh

Shree Shree Gopal Jew and Ors. v. Kolkata Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

Shree Shree Gopal Jew and Ors. v. Kolkata Municipal Corporation and Ors.

Case brief

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