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1999 Supreme(Cal) 342

ALTAMAS KABIR, P.K.SEN
INDIRA DEVI RAJAK – Appellant
Versus
THIKA CONTROLLER – Respondent


Advocates Appeared:
Anima Chakraborty, DEBASIS KAR GUPTA, GOPAL MUKHERJEE, SMRITIKANA MUKHERJI

A. KABIR, J.

( 1 ) WHILE considering the application for stay filed in the appeal, with consent of the parties, the appeal itself is taken up for hearing and final disposal.

( 2 ) THIS appeal is directed against an order passed by the learned Single Judge on 10th May, 1999, dismissing the appellant's writ petition on the ground that an alternative remedy under section 13 of the Calcutta Thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981, was available to the petitioner.

( 3 ) IN order to appropriate the order passed by the learned Single Judge, it is necessary to give a brief background of the facts leading to the filing of the writ application.

( 4 ) THE appellant/petitioner appears to have purchased the property in question by a registered conveyance dated 22nd May 1990 from one Sri Jahar Shaw, who had purchased the same from one Debi Charan Shaw. The property is situate at 50, Madan Biswas Lane, Salkia, Police Station-Golabari, under the jurisdiction of the Howrah Municipal Corporation. It appears further that the appellant/petitioner's name has been duly mutated in the records of the Howrah Municipal Corporation and she is also paying rates and taxes






















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