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2022 Supreme(Cal) 321

ANIRUDDHA ROY
Amitabha Datta – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates appeared:
Mr. A.C. Kar, Advocate, Mr. T.K. Aich, Advocate., for the Appellant; Mr. Alak Kr. Ghosh, Advocate, Ms. M. Nath, Advocate., for the Respondent

JUDGMENT

Aniruddha Roy, J. - Facts:-

1. Premises Nos. 22, 24, and 26 Nandalal Bose Lane, Kolkata-700003 altogether measuring an area of about 2 bighas 12 cottahs and 1 chittak, originally belonged to Sri. Bata Krishna Pal. By virtue of a decree dated February 18, 1955 passed by this Hon'ble Court in a partition suit the properties had vested in favour of several family decedents of the said Bata Krishna Pal and/or successors in interest.

2. The writ petitioners are the present co-owners of the said premises nos.22, 24 and 26 Nandalal Bose Lane, Kolkata-700003 with the Municipal Assessee Nos. 5007230005, 110072300300 and 110072300324 respectively.

3. Premises No.22 Nandalal Bose Lane, Kolkata-700003 had been declared and earmarked as 'Bustee' land by the Kolkata Municipal Corporation (for short, KMC). At all material time the Municipal Rate Cards had been issued describing the said premises as Bustee land, Annexure P-3 to the writ petition.

4. In respect of Premises No.24 Nandalal Bose Lane, Kolkata-700003. The KMC had raised the rate bills and property tax bill for the year 2016-17, Annexure P-4 to the writ petition.

5. In respect of Premises No.26 Nandalal Bose Lane, Kolkata-700003. The

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