- (1.) The petitioner filed the present writ petition assailing the impugned cancellation of license orders dated 19th December, 2009 and 3rd May, 2010 in respect of surplus land at premises No.96/2 and 96/4 Karl Marx Sarani, Kolkata issued by Municipal Commissioner.
(2.) The premises No.96/2 Karl Marx Sarani was initially leased out to the petitioner's father-in-law Ashutosh Das Chowdhury by an agreement dated 17th March, 1950 by the Kolkata Municipal Corporation (hereinafter referred to as the said Corporation). The said Ashutosh Das Chowdhury (since deceased) erected a structure wall and tiles and asbestos roof and started a tea stall and residing therein. On the request of said Ashutosh Das Chowdhury a further piece of land comprised in premises No.96/4 Karl Marx Sarani was also let out to the said Das Chowdhury by the corporation by an allotment order dated 7th June, 1963. On the request of said Das Chowdhury made on 28th December, 1968 the tenancy of premises No.96/2 Karl Marx Sarani, Kolkata-700023 was transferred in favour of his son Tushar Kanti Das Chowdhury, the husband of the petitioner. The formal agreement in respect thereto was executed on 19th June, 1975. After the death of Ashutosh Das Chowdhury on the request of petitioner's husband Tushar Kanti Das Chowhdury the allotment made in respect of the premises No.96/4 Karl Marx Sarani was cancelled and by an order dated 5th December, 1972 and by virtue of a memo dated 14th December, 1972 the tenancy of premises no.96/4 Karl Marx Sarani presently known as Circular Garden Rich Road, Kolkata-700023 was also allotted in favour of Tushar Kanti Das Chowdhury, the husband of the petitioner.
(3.) The petitioner's husband died on 24th May, 1984. Since then the petitioner continued to carry on the said business and time to time requested the respondent No.1 to transfer the tenancy in the name of the petitioner. Vide Order dated 3rd May, 1985 the tenancy was transferred in favour of the petitioner and the terms of the tenancy contained in an agreement dated 21st March, 1989 was executed. The petitioner all along used to pay the Municipal rent and taxes in respect of the said premises. Unfortunately due to her ill health the petitioner faced a huge financial hardship as a result the petitioner was unable to pay the monthly rent in time for the period April 1997 to November 1998, although the petitioner repeatedly requested her men/staff to pay the rent but they failed to pay the same to the corporation.;