( 1 ) IN this appeal, the appellant Sm. Srila Moitra has challenged the propriety of the judgment of a learned single Judge of this Court whereby the learned Judge has discharged the Rule Nisi obtained by the appellant on her application under Article 226 of the Constitution of India.

( 2 ) THE appellant is admittedly the owner of premises No. 6b, Ironside Road, Calcutta which is within the limits of the Corporation of Calcutta. The land comprised in the said premises measures 1542. 625 Sq. metres consisting of a building covering 233. 500 Sq. metres, a tank measuring 1162. 124 Sq. metres and 147. 0017 Sq. metres of land appertaining to the building. On Sep. 27, 1976, the appellant duly submitted a return under the provisions of the Urban Land (Ceiling and Regulations) Act, 1976, herein-after referred to as the Act, before the respondent No. 2, the Competent Authority, Calcutta. On August 19, 1979, the appellant gave a notice to the respondent No. 2 under Section 26 of the Act for transfer of an area of 500 Sq. metres of the said tank by way of sale in favour of Purbarag Samabaya Abasan Ltd. , a Housing Co-operative Society, registered under the Co-operative Societ