- (1.) IN this writ petition, the petitioner Nos. 1 and 2 (Intally Talkies Private limited and Arun Kumar Das, Director of Intally Talkies) respectively pray for the issuance of a Writ of Mandamus commanding upon the respondents to recall and/or cancel the Notice of the Kolkata Municipal Corporation said to be pasted on the wall of the Cinema Hall (Annexure P-3) informing them that there was an outstanding dues of Rs. 84,49,916/- as on 19. 9. 2008 towards property tax and if the same was not immediately paid, the Corporation would take action in accordance with the K. M. C. Act. The petitioners also pray for a similar relief as agajnst the Letter of Intimation dated 19. 9. 2008 issued to one Sanatan Nandy as contained in Annexure p-4 informing him that the aforementioned sum being Rs. 84,49,916/- was the outstanding dues. The petitioners also pray for an Order directing the respondents not to take a coercive steps against the petitioners in respect of the Thika Premises No. 2/3 B situated at Dr. Suresh Sarkar Road, kolkata-14, pursuant to the aforementioned Letter of Intimation and Notice referred to above.
(2.) THE facts, as gathered from the pleadings, is that the petitioner no. 1 is a registered Company registered under the Indian Companies act, 1956 and the petitioner No. 2 is one of its Directors. One Sanatan nandy and others were the owners of the land comprising of 11 Cottahs 9 chittacks 21 Square Feet on 2/3 B, Dr. Suresh Sarkar Road and by a registered deed of lease dated 9. 5. 1931, Sanatan Nandy demised the said land in favour of one Harekrishna Das, the father of the petitioner no. 2 for a period of 21 years granting him permission for the construction of a building thereon. The said lease was subsequently extended for a further period of 25 years ending on 29. 2. 1980.
(3.) IT is the further case of the petitioners that on the basis of such permission granted by the Lessors, the father of the petitioner constructed, at his own cost, a Cinema Hall on the said land which came to be known as "intaliy Talkies" and thereafter, by an agreement executed by and between the heirs of Harekrishna Das, a Company came to be incorporated under the Companies Act, 1956 under the name and style of 'intally Talkies Pvt. Ltd. " (petitioner No. 1 ). It is the further case of the petitioners that since 1932 till today and even after the expiry of the lease on 28. 2. 1980, they are in possession of the premises and are carrying on their business of running the Cinema Hall under a valid Licence vide Annexure P-1.;