Harish Tandon, J. - (1.) The Court: The present Writ Petition is filed not only for quashing, cancelling and / or rescinding the acquisition of premises number 106C, Narkeldanga North Road, Kolkata - 700 011 but also for correction of a mutation record maintained by the Kolkata Municipal Corporation by deleting the name of the Corporation as owner and inserting the name of the Petitioner therein. The other consequential reliefs in the form of a compensation and forbearance from dealing with and / or encumbering the said property and / or making any construction are also sought for.
(2.) It is not in dispute that originally the said property belonged to the father of one Birinchi Behari Shaw, who executed a Deed of Settlement during his life time settling the said property in favour of his son, Birinchi Behari Shaw, who was then minor. The property which was settled in favour of the said Birinchi Behari Shaw (since deceased) comprised of a plot of land measuring more or less 2 bighas 18 kathas 6 chitaks and 40 square feets together with the bungalow and a tank. After the death of the settlor till the settlee attained majority, the said property was managed and administered by his elder brother Bansi Behari Shaw and in course of time let out to the property film production company, namely, Aurora Film Corporation. After the death of the said Bansi Behari, the Birinchi Behari mutated his name as recorded owner in the assessment book of the Kolkata Municipal Corporation and cleared all the municipal dues in respect thereof. Even the Kolkata Municipal Corporation, vide letter dated 07.04.2000 informed that there is no outstanding dues on account of property tax in respect of the said premises.
(3.) According to the Petitioner, the said Birinchi Behari was all along exercising his right as owner of the said premises not only upon payment of the property tax but also remained in peaceful possession thereof. It is alleged that an attempt was made in the year 2009 at the behest of some influential people of the locality to enter upon the said premises with an intent to raise constructions. The said owner resisted the aforesaid attempt and to redress his grievance approached this Court by filing Writ Petition being W.P. 126 of 2009. It is an admitted fact that the Corporation did not file any Affidavit-inOpposition in the said Writ Petition, which ultimately came up for disposal on 17th September, 2009. The Corporation was represented in the said Writ Petition and since an allegation as to interference in possession was alleged in the said Writ Petition, the Court while disposing of the Writ Petition directed the Municipal Commissioner to hold an enquiry to ascertain whether the land of the Petitioner has been encroached upon or not and whether the Writ Petitioner is in lawful possession thereof. A further direction was passed upon the Corporation not to make any construction over the said property. in the month of July, 2010 the Petitioner received information from the vicious circle of the locality that the Corporation has changed the name of Birinchi Behari from the category of the owner and inserted its name as owner thereof. The copy of the letter of intimation subsequently obtained by the said Birinchi Behari corroborates the aforesaid fact as the assessee number allotted therein remains the same.;