Debasish Kar Gupta, J. - (1.) This writ application is directed against two notices dated July 5, 2017 and August 21, 2017 issued by the Commissioner, Siliguri Municipal Corporation in respect of the premises lying and situated at plot no. 145, Sibaji Road, Khalpara, Siliguri.
(2.) It is the bone contention of the learned Advocate appearing for the petitioner that the first notice was issued invoking the provision of sub-section (I) of Section 268 of the West Bengal Municipal Act, 2006 read with Section 289A of the West Bengal Municipal Corporation (Amendment) Act, 2016.
(3.) According to him, though he is a tenant in respect of the premises in question no opportunity was given to him before passing the above order. It was also the violation of the provision of sub-section(I) of Section 268 of the above Act. It is also the submission made on behalf of the petitioner that once the first notice is liable to be set aside the second notice dated August 21, 2017 issued in exercise of power conferred upon the West Bengal Municipal Act, 2006 is also liable to be dismissed. The petitioner relies upon the relevant records, which are at pages 29 & 30 of this writ application, in support of his claim of tenancy in respect of the premises in question.;