RABIN BHATTACHARYYA
DILIP KUMAR DEY – Appellant
Versus
STATE OF WEST BENGAL – Respondent
( 1 ) THE petitioner has initiated the instant writ application for mandamus commanding the respondent to set aside, rescind or withdraw the annexure-J dated 19. 6. 95, certiorari, Rule NISI, injunction and for other consequential reliefs.
( 2 ) THE gravamen of the allegations which generated the initiation of the writ application is that the petitioner was a lawful tenant at Flat No. O/2 Maniktala Govt. Housing Estate, saddled with obligations to fulfill the conditions. The rent, as determined, according to the terms of the tenancy, was for sum of Rs. 235/- payable per month inclusive of occupier's share of taxes and external service charges bereft of payment of electricity charges.
( 3 ) THE petitioner, in due performance of the agreement, continued in possession. With the passage of time, the petitioner applied for withdrawal of joint membership of Iswarchandra Vidyasagar Samabay Niwas Ltd. a different housing at Bagmari which was acceeded to by the respondent opposite parties dated 10. 7. 92.
( 4 ) IN the premises, the petitioner was not armed with any flat in the said Niwas and the provisions of the West Bengal Premises (Tenancy Regulation) Act, 1976 b
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