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2026 DAILYLAW 26488 (CAL)

ANURUP ROY AND ORS. v. THE KOLKATA MUNICIPAL CORPORATION AND ORS.

WPO/257/2026 · 2026-07-02

Raja Basu Chowdhury

body2026

Judgment text

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OD- 4 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/257/2026 ANURUP ROY AND ORS. VS THE KOLKATA MUNICIPAL CORPORATION AND ORS. BEFORE THE HON’BLE JUSTICE RAJA BASU CHOWDHURY Date: 2nd July, 2026 Appearance: Mr. Raghunath Chakraborty Adv. Mr. Debdut Mukherjee, Adv. Mr. Anirban Ghosh, Adv. ….for the petitioners Mr. Biswajit Mukherjee Adv. Ms. Piyali Sengupta, Adv. …for the KMC 1. Affidavit of service filed in Court today is taken on record. 2. By the instant writ petition, the petitioners seek to challenge the letter of intimation dated 15th January, 2026 and the demand notice dated 21st January, 2026 issued by the municipal authorities. 3. Mr. Chakraborty, learned Advocate appearing in support of the writ petition would submit that though diverse payments have already been made by the petitioners, which are lying with the suspense account, by ignoring such deposits, the aforesaid demand has been made. He would submit that though the petitioners had made a representation and objected to the letter of intimation dated 15th January, 2026 and the demand notice dated 21st January, 2026 by their communication in writing dated 6th April, 2026, the municipal authorities are yet to take a decision in the mater. In the peculiar facts, the petitioners have approached this Court. 4. Mr. Mukherjee, learned Advocate appears for the municipal authorities. 2 WPO/257/2026 5. Having heard the learned Advocates appearing for the respective parties, I find that the issues raised in the writ petition require decision on factual issues. Ordinarily, a Writ Court exercising the jurisdiction of under Article 226 of the Constitution of India ought not to enter into such factual disputes. However, at this stage, since Mr. Chakraborty would submit that the petitioners are only interested in having the representation disposed of, this Court without entering into the merits of the claim made by the petitioners and noting that the representation dated 6th April, 2026 remains pending at the end of the municipal authorities, I am of the view, such representation must be disposed of by the concerned assessor collector of the assessment department in accordance with law by passing a reasoned order as expeditiously as possible preferably within a period of eight weeks from the date of communication of this order. 6. With the above observations, the writ petition stands disposed of. 7. There will be no order as to costs. (RAJA BASU CHOWDHURY, J.) akg/