SHRENIK KUMAR SINGHEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On receipt of an information from the Controller, Calcutta Thika Tenancy to the effect that the premises No. 17, Garcha First Lane, Kolkata - 700 019 is a thika property and the State of West Bengal is the owner thereof, the Calcutta Municipal Corporation, by its letter dated 7th February, 2001 being Annexure 'C' to this writ petition appearing at page 28 thereof invited the petitioner being the recorded owner of said premises to be present on 27th March, 2001 at 1 p.m. in the chamber of the Assessor-Collector (South) in connection with the proceeding for proposed change of ownership in the Municipal record.

(2.) Immediately on receipt of the said notice, the petitioner filed his objection to such proposed change of ownership in the Municipal record by contending inter alia that since the petitioner who is the absolute owner of the said property is in possession thereof and the said property was never a thika tenanted property, alteration in the Municipal records as proposed is not necessary. A copy of the said objection was also given to the Thika Controller, Calcutta.

(3.) Since neither the Kolkata Municipal Corporation nor the Thika Controller took any step to redress the grievance of the petitioner against such illegal attempt for recording the proposed change of ownership in the Municipal record, the petitioner moved this writ petition, inter alia, praying for issuance of a Writ of Mandamus commanding the respondents to revoke, cancel, rescind and/or set aside the notice dated 9th January, 2001 issued by the Thika Controller to the Kolkata Municipal Corporation and also for restraining the Municipal authorities from acting on the basis of the said notice of the Thika Controller.