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2022 Supreme(Cal) 1174

SABYASACHI BHATTACHARYYA
Cossipore Kanch Sangh – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
M.M. Verma, Advocate, Abhishek Verma, Advocate, Punam Verma, Advocate, Sumita Sarkar, Advocate, Souvik Nandy, Advocate, Snehashis Sen, Advocate, Abhishek Banerjee, Advocate

JUDGMENT

Sabyasachi Bhattacharyya, J. - The petitioner no.1-Club is a society registered under the West Bengal Societies Act, 1961 and petitioner no.2 is its Secretary. The writ petition has been filed, challenging a Notice dated September 24, 2004 whereby the Kolkata Port Trust (KoPT) asked for possession of the disputed premises to be handed over to the KoPT by the petitioners and payment of Rs.16,67,633/- as arrears of rent and taxes for the period between June, 1998 and August, 2004 in respect of occupation. In the said Notice, it was pleaded that a long term lease for 20 years was given to the petitioner from August 2, 1992 without any option for renewal. An allegation of unauthorised construction was also made therein.

2. The petitioners have also challenged a Bill dated September 24, 2004 containing a demand for compensation for alleged unauthorised use of occupation of KoPT-property by the petitioners.

3. The petitioners have also sought for a Rule in the nature of mandamus, commanding the respondents to grant rent receipts in the names of the members of the petitioner no.1-club after fixing the rate of rent and refunding the premium of Rs.5,27,040/- with interest as well as r

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