KOLKATA MUNICIPAL CORPORATION Vs. ANURADHA CHAUDHURI

JUDGEMENT

(1.) In the impugned judgment dtd. 19/1/2021, Ld. Single Bench has founded its decision on the reasons inter alia that there cannot be any deprecation and denial of an existing right or benefit by any action involving civil consequence without substantial compliance with the principles of natural justice. Ld. Single Bench has found that, in case of the writ petitioner/respondent no.1, the action taken by the appellant/corporation would not fulfill the required criteria of adherence with the said principles, her plea has remained unheard though she has been subjected to face civil consequences by the impugned action of the appellant/Corporation. Ld. Single Bench has further held that doors of this constitutional court are not closed for her, even though the statute might have provided a remedy by way of an appeal. The writ petitioner/respondent was directed to be allowed an opportunity of hearing, before the 'Hearing Officer' and all the steps of the Corporation for enhancement of the valuation of the property by issuance of Red Cards and raising supplementary bills, were set aside.

(2.) Appellant/Corporation is dissatisfied and aggrieved with the said judgment dtd. 19/1/2021, passed by the Ld. Single Bench in writ petition No. WPO 1861 of 2020. They have challenged the same and justified their own action, inter alia, on the grounds argued before this court. The arguments made by Mr. Aloke Kumar Ghosh, appearing for the appellant/corporation, may be summerised, as follows:-

(3.) Appellant's first challenge is to the maintainability of the writ petition.