Vivek Murarka and anr. Vs.The Kolkata Municipal Corporation and ors. - Court Judgment

Excerpt:
the court : it is submitted by the learned counsel appearing on behalf of the petitioners that a statutory appeal bearing maa no.919 of 2010 is pending before the municipal assessment tribunal. the subject matter of challenge in the above appeal is the order of annual valuation of dated october 22, 2009 in respect of flat no.6b, 6th floor, tower-c, 96 garden reach road, kolkata-700023. it is further submitted by him that the petitioners are under obligation to pay up to date property taxes for getting the above appeal ready for hearing. according to the petitioner, the writ application can be disposed of with a direction upon the respondent corporation to accept the up to date property taxes in respect of the flat in question subject to adjustments. no objection is raised on behalf of the respondent corporation with regard to the above submissions. i direct the respondent corporation to accept up to date property taxes in respect of the premises in question from the petitioners subject to adjustment of a sum of rs.21,594/- paid on april 28, 2007 and the excess of tax collected under rate bill nos.829124, 829125,829126 and 829127 all dated april 1, 2010 as also rebate in respect of the aforesaid four bills, if admissible in accordance with law. this writ application stands disposed of. there will, however, be no order as to costs. all parties concerned are to act on a photostat signed copy of this order on the usual undertakings.

Judgment:
The Court : It is submitted by the learned counsel appearing on behalf of the petitioners that a statutory appeal bearing MAA No.919 of 2010 is pending before the Municipal Assessment Tribunal.

The subject matter of challenge in the above appeal is the order of annual valuation of dated October 22, 2009 in respect of flat no.6B, 6th Floor, Tower-C, 96 Garden Reach Road, Kolkata-700023. It is further submitted by him that the petitioners are under obligation to pay up to date property taxes for getting the above appeal ready for hearing.

According to the petitioner, the writ application can be disposed of with a direction upon the respondent corporation to accept the up to date property taxes in respect of the flat in question subject to adjustments. No objection is raised on behalf of the respondent corporation with regard to the above submissions. I direct the respondent corporation to accept up to date property taxes in respect of the premises in question from the petitioners subject to adjustment of a sum of Rs.21,594/- paid on April 28, 2007 and the excess of tax collected under rate bill nos.829124, 829125,829126 and 829127 all dated April 1, 2010 as also rebate in respect of the aforesaid four bills, if admissible in accordance with law.

This writ application stands disposed of. There will, however, be no order as to costs. All parties concerned are to act on a Photostat signed copy of this order on the usual undertakings.