BULBUL BISWAS Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioner claims to be the owner of a residential building situated at premises No. 67, Garfa Main Road. The number of the premises as 67 Garfa Main Road has been given by the Kolkata Municipal Corporation and the said number is used in its assessment register as well. However, the postal address of the premises is 89 Garfa Main Road, Kolkata. In the tax receipt issued by the Kolkata Municipal Corporation in favour of late Jitendra Chandra Roy, the deceased father of the petitioner, the premises has been mentioned as 67 Garfa Main Road with the mailing address as 89 Garfa Main Road.

(2.) It is the contention of the petitioner that the Kolkata Municipal Corporation issued a licence in favour of the respondent no.4 based on forged documents. The allegation is that the respondent no.5 had inducted the respondent no.4 as a tenant in the premises without any knowledge of the petitioner and against the Will of the petitioner that the respondent No.5 did not have any authority to do so. It is further submitted that the Kolkata Municipal Corporation was approached by the petitioner with a complaint dated July 6, 2021. The Chief Manager, License Department was requested by the petitioner to cancel the certificate of enlistment granted to the respondent no.4 on the basis of incorrect documents. That the respondent No.5 was the owner of a separate premises.

(3.) It is submitted that the said premises was re-numbered by the Kolkata Municipal Corporation as 67 Garfa Main Road, but in the Will on the basis of which the petitioner had become owner of the premises, the address was 89 Garfa Main Road. According to the petitioner, premises Nos. 67 Garfa Main Road and 89 Garfa Main Road are one and the same premises. The respondent no. 4 has unauthorizedly and forcibly entered into the premises. Thus, the respondent no. 4 could not have been given the certificate of enlistment at the incorrect address on the basis of either a forged document or on the basis of an incorrect address.