NORTH DUM DUM MUNICIPALITY Vs. GOUTAM GANGULY
HIGH COURT OF CALCUTTA
North Dum Dum Municipality
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Hiranmay Bhattacharyya,J. -
(1.)The instant appeal is at the instance of North Dum Dum Municipality (for short "NDM") and is directed against an order dated February 20, 2020 and March 4, 2020 passed by an Hon'ble Single Judge in WP No. 14599 (W) of 2018.
(2.)By the order impugned the Hon'ble Single Judge allowed the writ petition directing the NDM to refund the excess amount paid by the writ petitioners/ respondent nos. 1 and 2 herein on account of scrutiny fees (surcharge) upon holding that the surcharge demanded by the NDM was contrary to the notification dated May 4, 2015.
(3.)The writ petitioners/respondent nos. 1 and 2 herein claiming to be the owner of a flat by virtue of purchase applied for mutation of their name in the records of the NDM. The NDM realized a sum of Rs. 500 as mutation fee and Rs. 24300 as scrutiny fee from the writ petitioners for mutating their names in the records of the NDM. The respondent nos. 1 and 2 filed this instant writ petition challenging the authority of the NDM to collect such exorbitant fee for the purpose of mutation alleging that the fee charged by the NDM was in violation of Rule 121 of the West Bengal Municipal (Finance & Accounting) Rules, 1999 ( for short "the 1999 Rules').
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