Bose, J. - (1.) This is an application under Article 226 of the Constitution for Writs in the nature of Mandamus, Certiorari and Prohibition for cancellation of an order of assessment, dated the 6th December, 1950, and few direction upon the respondents to forbear from giving effect to that Order.
(2.) The petitioner is the owner of premises No. 77, Park Street. Calcutta, which comprises the land originally numbered as premises No. 77D, Park Street, and the new building erected thereon. It appears that the building was requisitioned by the Government of West Bengal before the construction was completed. There is a suit pending in this Court (suit No. 1031 of 1948) for fixation of the rent of the premises and with regard to the Award of the Land Acquisition Collector, Calcutta.
(3.) On or about the 27th November, 1947 the petitioner was served with a notice dated the 17th November, 1947, purporting to be given by an assessor to the Corporation of Calcutta under section 138 of the Calcutta Municipal Act intimating that the said premises had been assessed at an annual value Of Rs. 41,115 to remain; in force for 6 years from the commencement of the 4th quarter of 1947-48 in place of the former valuation of 34,020.;