, - (1.) The Court: Petitioners, the allottees of a stall at Hogg Market, were served with a notice asking them to pay the arrears of stallage payable from the year 1990 as detailed in annexure 'P-10' to the present writ application. It was further threatened by the Deputy Manager, Hogg Market in the said demand notice that in default of payment of the amount mentioned therein, appropriate step against the petitioners including disconnection of electric supply in the stall will be taken.
(2.) Being dissatisfied, the petitioners have come up with the present writ application.
(3.) Mr. Basu, the learned counsel appearing on behalf of the petitioners could not dispute the fact that the petitioners have not paid the amount; he however laboriously contended that in view of the provisions contained in section 573 of the Calcutta Municipal Corporation Act, 1980 (Act) the respondents can at the most realize arrears of stallage for the last three years. Mr. Basu contends that arrears beyond the period of three years are not recoverable and as such no action can be taken for non-payment of the amount, the recovery of which is now barred by limitation.;