Debangsu Basak, J. - (1.) The petitioner seeks a direction upon the Municipality to renew the Certificate of Enlistment existing in favour of the petitioner.
(2.) Learned Advocate appearing for the petitioner submits that, the Municipality did not consider the application for renewal of the Certificate of Enlistment. The Municipality is insisting upon production of documents which are not required. He relies upon (Harvinder Singh v. Kolkata Municipal Corporation, 2017 1 CalHN 123 (Cal)) and submits that, the disputes if any between a land lord and a tenant or payment of property tax is of no consequence in considering an application for renewal of Certificate of Enlistment. He relies upon (Government of Andhra Pradesh & Ors. v. P. Laxmi Devi (Smt.), 2008 4 SCC 720) in support of his contentions.
(3.) Learned Senior Advocate appearing for the Municipality submits that, the Municipality is governed by the provisions of the West Bengal Municipal Corporation Act, 1993 read with West Bengal Municipal (Finance and Accounting) Rules, 1999. He relies upon Section 118 and 201 of the Act of 1993 and Rule 81 of the Rules of 1999 and submits that, the petitioner is required to apply under Form J as provided in the Schedule to the Rules of 1999. Form J requires the documents specified therein to be produced along with the application. Such documents not being produced by the petitioner, the Municipality is not in a position to consider the application for the renewal of the Certificate of Enlistment. He submits that, the form has statutory force. He relies upon (Layeeque Ahmed Akhtar v. State of West Bengal & Ors., 2006 1 CalHN 634) and submits that, the same did not consider Section 201 of the Act of 1993. He relies upon an unreported decision of the Division Bench rendered in AST 216 of 2012 dated October 4, 2012 (Indu Bhusan Bhattacharya & Anr. v. Swarup Kumar Saha) and submits that, compliance with Form 'J' is mandatory. In his usual fairness, he submits that the judgment and order dated October 4, 2012 in Indu Bhusan Bhattacharya & Anr. is under review.;