NITYA HARI KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition is arising out of an order passed by the Collector of Calcutta on 31st August, 1999 making a valuation of the property to the tune of Rs. 18,47,200/-. Such order was passed in respect of the Adj Case No. 14 (u/S.47A) of 1999-2000.It is apparent that the property relates to a Trust Estate and valuation of the Trust Estate is made by the High Court itself. Such order making valuation by the Court dated 22nd June, 1998 is incorporated hereunder :

(2.) In spite of the same the Registrar refused to value the property on the basis of Court valuation. A writ petition was moved before this Court on the earlier occasion being W.P. No. 2120 (W) of 1998 whereunder the authority filed an affidavit affirmed on 27th October, 1998 stating thereunder as follows :

(3.) Therefore, it is an admitted position that the authority accepted the decision of the Court. In deciding the question a single Bench of this Court, by an order dated 23rd March, 1999 directed the Collector of Calcutta to adjudicate upon the question of valuation of the property after giving hearing to the petitioner and by passing a reasoned order thereon. It was made clear by the single Bench that it had not gone into the merits of the case. All the points taken by the petitioner and the respondents are kept open which are to be adjudicated upon by the Collector of Calcutta.