JAJODIA ESTATES P TLD Vs. CORPORATION OF CALCUTTA
HIGH COURT OF CALCUTTA
JAJODIA ESTATES P TLD
CORPORATION OF CALCUTTA
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(1.) EACH of the petitioner's in these four writ applications (viz. in Re M/s. Jajodia Estates (P) Ltd. , m/s. Baiju Chawk Properties; M/s. Baiju chaw Properties and Mr. Sambhu Nath ghosh) being dissatisfied with orders passed under section 182 of the Calcutta Municipal Act, 1951 preferred appeals in the court of Small Causes, Calcutta the learned Chief Judge, Court of Small causes, Calcutta has declined to entertain the said appeals unless in terms of subsection (3a) of section 183 of the Calcutta municipal Act the appellants paid the consolidated rates payable in respect of their holdings up to the dates of presentation of their appeals on the valuation determined by the orders under section 182 of the said act.
(2.) THE petitioners have urged that the learned Chief Judge has committed error of jurisdiction by applying the provisions of sub-section (3a) of section 183 and by refusing to entertain the appeals filed by them unless consolidated rates were paid at the rates determined by the Special Officer under section 182 of the Act and which were the subject-matter of challenge in the said appeals.
(3.) HAVING heard the learned advocates for both parties, I find that no prima facie case has been made out for issue of Rules Nisi and therefore these applications ought to fail.;
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