CORPORATION BANK Vs. JAYESH KUMAR JHA

JUDGEMENT

(1.) The Corporation Bank and its officers have assailed the judgment and order dated 18th January, 2019 passed by the learned Single Judge in the WP No.29398(W) of 2017.

(2.) The writ petitioner, respondent herein, successfully participated in E-auction for sell of an immovable property undertaken by the appellant No.1 Bank through its officers under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter SARFAESI Act). On receipt of consideration price fixed by auction, the appellant/bank issued sell certificate in favour of the respondent in respect of the said property in question. The said sale was free from all encumbrances. Subsequent to his purchase, the respondent was charged for payment of property tax and maintenance tax in respect of the said property for the period prior to his auction purchase payable to the Kolkata Municipal Corporation. Contending, inter alia, that he was not liable to any of such tax or charge levied for the period prior to his sale, the respondent moved this Court with a prayer for issuance of a writ of mandamus directing and/or commending the respondent authorities to set aside and/or rescind and/or cancel and/or recall the letter dated 26th October, 2017 wherein and whereunder the appellant/bank communicated to him that the bank was not liable to any outstanding dues towards the property tax or maintenance charges claimed by the corporation with further writ of mandamus directing the bank authorities to reimburse the amount of Rs.2,72,745/- paid by the petitioner towards outstanding property to the Kolkata Municipal Corporation with interest coupled with a writ of certiorari and other consequential reliefs.

(3.) The learned Single Judge disposed of the said writ application vide order dated 18th January, 2019 quashing the written communication issued by the appellant bank in favour of the respondent. Consequently, the appellant/bank was held liable to reimburse the sum which the respondent paid in favour of Kolkata Municipal Corporation towards property tax.