- (1.) The petitioners in this art.226 petition dated November 9, 2010 are seeking a mandamus commanding the first five respondents to pay water tax demanded or to be demanded by the Kolkata Municipal Corporation and also to reimburse them proportionately with respect to water tax they have already paid for the premises parts whereof have been rented by those respondents.
(2.) Counsel concedes that the tenancies were created according to the provisions of the Transfer of Property Act, 1882 and that the tenants are entitled to protections under provisions of the West Bengal Premises Tenancy Act, 1997. Faced with the question of maintainability of the petition, he has referred me to orders of this Court made in two previous art.226 petitions and has said that seeking the reliefs the petitioners are entitled to approach the High Court under art.226.
(3.) It is evident from the orders made in the previous cases that in none of them the question whether an art.226 petition concerning the tenancy is maintainable before the High Court was raised or examined. In my opinion, the petition is not maintainable. In the refusal, if any, on the part of the first five respondents or anyone of them to pay water tax, in my opinion, no element of public law is involved. The obligation, if any, is a private law obligation according to the terms and conditions of the respective tenancies. In my opinion, the petitioners remedy, if any, was before the Civil Court or the forum, if any, mentioned in the statutes applicable to the tenancies. They are not entitled to approach the High Court under art.226.;