Judgment:
ORDER
SHEET WP No.490 of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AJIT KUMAR MITRA & ORS.Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.Petitioners Respondents BEFORE: The Hon'ble JUSTICE JOYMALYA BAGCHI Date :
16. h May, 2012.
For Petitioners : Mr.Rupak Ghose, Advocate.
Mr.Sayantan Bose, Advocate.
For K.M.C.The Court petitioneRs.: Mr.Sandip Kumar Dey, Advocate.
Mr.Debangshu Mondal, Advocate.
Ms.Piyali Sengupta, Advocate.
: inter The writ alia, petition challenging has been filed the increase by in the annual valuation of the premises in question from Rs.17,600/- to Rs.31,350/-.
At the outset, the learned Counsel appearing for the writ petitioners admits that available under the Act.
remedy has been made there is a statutory appellate remedy He further indicates that such appellate illusory inasmuch as the impugned order passed by the Hearing Officer has not been supplied to him till date.
It is his case that only the rate card indicating enhancement of the annual valuation has been provided to him.
a result, he is handicapped in availing of the As statutory alternative remedy.
Learned Counsel appearing for the Respondent-Corporation submits that they are ready and willing to provide a copy of the order passed by the Hearing Officer in the instant case.
In view of the submissions of the respective parties, I feel that the instant petition may be disposed of by directing the respondent Nos.3 and 4 to supply copies of the order passed by the Hearing Officers which the petitioner proposes to challenge within seven days from the date of communication of this order.
Thereafter the petitioners would be at liberty to avail of the statutory alternative remedy in accordance with law, if so advised.
I make it clear that the delay caused due to non-supply of copies of such order in preferring the appeal before the appellate authority shall be favourably considered in the matter of availing of the statutory alternative remedy in accordance with law.
All parties are to act on a photostat signed copy of this order on the usual undertakings.
( JOYMALYA BAGCHI, J.) rnc.