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B. R. GAVAI, VIKRAM NATH
Trust Estate Khimji Keshawji – Appellant
Versus
Kolkata Municipal Corporation – Respondent
JUDGMENT :
(Vikram Nath, J.)
Leave granted.
2. This appeal assails the correctness of judgment and order dated 19.11.2019 passed by Division Bench of Calcutta High Court whereby intra court appeal preferred by appellant was dismissed affirming the judgment and order dated 07.05.2012 passed by learned Single Judge disposing off the writ petition of the appellant with directions.
3. Facts giving rise to the present appeal are summarized hereunder:
3.1. Notice dated 22.08.2008 was issued by Kolkata Municipal Corporation1[In short “KMC”], under Sections 238 and 271 of the Kolkata Municipal Corporation Act, 19802[In short “the Act”]. The said notice was addressed to the appellant describing it as owner or occupier of premises No.30, C.R. Avenue, Kolkata. It stated that appellant had contravened Section 238 of the Act by using water supplied for domestic purpose, for purposes other than domestic; that there was no permission under Section 271 of the Act for using water supplied for domestic purposes for any other purpose; that such unauthorised use is a punishable offence under Section 610 of t
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