LINDSAY DEVELOPERS PVT LTD & ANR Vs. THE K.M.C. & ORS.
LAWS(CAL)-2012-2-379
HIGH COURT OF CALCUTTA
Decided on February 15,2012

Lindsay Developers Pvt Ltd And Anr Appellant
VERSUS
The K.M.C. And Ors. Respondents

JUDGEMENT

SOUMITRA PAL,J. - (1.) In the writ petition, the petitioner has prayed for a direction upon the authorities of the Kolkata Municipal Corporation to dispose of his application dated 29th March, 2005 under section 192 of the Kolkata Municipal Corporation Act, 1980. Further prayer has been made to supply a copy of the order dated 14th November, 2002 passed by the Hearing Officer which is yet to be granted pursuant to the order dated 26th April, 2006 passed in W.P.No.2222 of 2005.
(2.) It is submitted on behalf of the Corporation that since in view of the law laid down in Surendra Kumar Jalan v. Calcutta Municipal Corporation : AIR 2002 Calcutta 237 holding that Section 192 of the Act can be invoked only by the Municipal Commissioner on his own motion and not at the instance of the assessee, the writ petition is not maintainable.
(3.) Having heard the learned advocates for the parties, in view of the judgement in Surendra Kumar Jalan (supra), no order is passed with regard to the application under section 192 of the Act.;


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