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2020 Supreme(Cal) 323

RAJASEKHAR MANTHA
Shelter Projects Limited – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates Appeared:
Mr. Bikash Bhattacharya, Sr. Adv. with Mr. Raghunath Chakraborty & Ms. Tanusree Das, Advs, for the Appellant; Mr. Ashok Kr. Banerjee, Sr. Adv. with Mr. Gurudas Mitra & Mr. Gopal Ch. Das, Advs, for the Respondent

JUDGMENT

1. The writ petitioners are aggrieved by an order dated 21st December, 2017 passed by the Municipal Commissioner rejecting their prayer for Amalgamation of two premises purchased by them from this Court in its Ordinary Original Civil Jurisdiction.

2. The impugned order came to be passed pursuant to a judgement by another Co-ordinate Bench dated 30th August, 2017 in W.P. No. 1218 of 2014 (Shelter Projects Ltd. & Anr. vs. The Kolkata Municipal Corporation & Ors.) , setting aside an earlier order passed by the Kolkata Municipal Corporation Act, 1980, refusing the petitioners prayer for Amalgamation of the said two premises.

3. The brief facts relevant to the instant case are that premises no.8, Suresh Chandra Banerjee Road, formerly known as Beliaghata Main Road and the land of premises no.1/1, K.G. Bose Sarani, formerly known as Talpukur Road, Kolkata - 700 010, were purchased by the petitioner no.2 in a suit for partition between family members, as confined by the High Court in separate proceedings.

4. Prior to the application for Amendment, the two premises were mutated in favour of the petitioner no.2 under orders passed by the Kolkata Municipal Corporation. An earlier app

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