- (1.) The writ petitioners moved the instant writ petition with the following prayers: - "A. A writ in the nature of Mandamus do issue calling upon the respondents and their agents to - (i) Cancel and revoke and further not to give any effect and/or further effect to the order passed by the respondent No.1 (date not disclosed) purporting to vest the land comprising of 10 Cottahs 9 Chittacks 22 sq.ft. situated at No. 56/1 A/1, B. T. Road, under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981. (ii) Cancel and/or delete the name of the "State of West Bengal represented by the Controller, Thika Tenancy" from the records of the Calcutta Municipal Corporation and re-insert the names of the trust estate and/or trustees in the said record and also to delete the names of the respondent Nos.4 and 5 who have been shown to be owners of the structures. B. A writ and/or in the nature of certiorari do issue calling upon the respondents and/or their agents to produce all the records of the case relating to the vesting of 10 Cottahs 9 Chittacks and 22 sq.ft. of land situated at No.56/1 A/1, B. T. Road, Calcutta purported to be vested under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981, and all records relating to mutation of the records of the Corporation and all other conscionable Justice may be rendered by quashing and/or setting aside the same. C. A declaration do issue declaring that the land and structures standing at No.56/1 A/1, B. T. Road, are not Thika Tenancies and as such could not be vested under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981, as illegally sought to be done. D. A declaration do issue declaring that Section 4 of the impugned Act, is ultra vires Articles 14 and 20(1) of the Constitution of India; D1. A declaration do issue that the lands and structures standing at 56/1 A/1, B. T. Road, is not a Thika Tenancy and could not be vested even under the amended Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981; D2. In the alternative a declaration do issue that the Section 5 and Section 1 of the Amended Calcutta Thika Tenancy Act is arbitrary, irrational and ultra vires Articles 14, 20(1) and 21 of the Constitution of India;"
(2.) The writ petitioners are the owners of the land comprising of 10 Cottahs 9 Chittacks and 22 sq.ft. at Premises No. 56/1 A/1, B. T. Road. The writ petitioners are owning the property in their capacity as trustees of Gopeswar Dutt Charitable Dispensary and Atithisala. Suddenly, the writ petitioners found that the Municipal records has been changed ex parte without any notice to them and the changed records of the Calcutta Municipal Corporation read as "State of West Bengal represented by the Controller of Thika Tenancy, owner of the structure Sri Prahladrai Khetwat". One Smt. Jarat Kumari Dasi created a Trust by the name of Gopeswar Dutt Charitable Dispensary in respect 'of several premises and she created a trust by the name of Gopeswar Dutt Charitable Dispensary in respect of Premises No. 56/1 A, Barrackpore Trunk Road, Calcutta in the year 1945.
(3.) By virtue of the said Trust deed the Trust property was absolutely transferred to the trustees who were to hold the same in trust exclusively for the purposes mentioned in the said Trust Deed dated 4th July, 1945. Copy of the said Trust deed has been made Annexure-'A'.;