M. M. DUTT, PARITOSH KUMAR MUKHERJEE, JJ.

( 1 ) THIS appeal has been preferred by the appellants, Harbans Singh Saluja; against the judgment of a learned single Judge of this Court whereby the learned Judge discharged the Rule Nisi issued on the application of the appellant under Art. 226 of the Constitution.

( 2 ) THE appellant moved this Court under Art. 226 of the Constitution challenging the validity of the order of Deputy Commissioner of the Corporation of Calcutta ordering the demolition of a shed in occupation of the appellant and also the order of the President of the Building Tribunal affirming the said order of demolition of the Deputy Commissioner.

( 3 ) THE appellant claims to be a tenant of a premises consisting of a garage in the ground floor, a mezzanine floor, room above the said garage and an asbestos shed in the ground floor situated in the south eastern portion of the premises No. 207a, Park Street, Calcutta, under the Respondent 5, Sm. Urmila Debi. It appears that on the complaint of the respondent 5, the Corporation of Calcutta served an order on the appellant dt. Dec. 18, 1976 under S. 414 (3) of the Calcutta Municipal Act, 1951 whereby the Deputy Commission

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