SOUMITRA SEN, J. - (1.) THE disputes involved in the writ application relate to exercise of right in respect of a land measuring more or less 255 Sq. Mts. known as Cross Road No. 5 (New C.I.T. Road) adjoining the Strand Road, Kolkata (hereinafter referred to as the 'said road'). The petitioner had contended that the said road belongs to them and they are the owners thereof. Accordingly, they submit that the Kolkata Municipal Corporation (hereinafter referred to as the Corporation) has no right to deal with the said road as their own and therefore cannot permit anyone to use the said road for parking facilities and also cannot realize parking fees in respect thereof.
(2.) CONSIDERING the said road to be their property, the petitioner invited tenders for grant of licence for the purpose of collecting parking fees. At that juncture, the Corporation informed the petitioner by a letter dated 26th of December, 2002 that since the said road was being maintained and conserved by the Corporation and that since the said road is being used for night parking facilities since 1998, no further steps should be taken with regard to allotment of parking by the petitioner in terms of their tender. In respect of the said road in question the Corporation had already appointed a licensee for realization of licence fee which licence was valid for 2 years with effect from 1st January, 2003.
(3.) THE petitioner floated another tender in the year 2003, whereupon the Corporation again by a letter dated 1st November, 2003, requested the petitioner to abstain from allotment of the parking land in respect of the said road in terms of the tender. In the said letter similar contentions were raised inter alia that the road was being maintained and conserved by the Corporation.;