ASHOK KUMAR SHAW Vs. KOLKATA MUNICIPAL CORPORATION
LAWS(CAL)-2019-12-88
HIGH COURT OF CALCUTTA
Decided on December 03,2019

Ashok Kumar Shaw Appellant
VERSUS
KOLKATA MUNICIPAL CORPORATION Respondents

JUDGEMENT

ABHIJIT GANGOPADHYAY,J. - (1.) The writ applications relate to an eviction proceeding being eviction case No. XIII/1/2019 dated 1st October, 2019 initiated by the First Land Acquisition Collector Kolkata, (hereinafter referred to as the Collector) after receiving an application from the Chief Manager (Market), Kolkata Municipal Corporation, Central Municipal office, Kolkata. Thereafter the Collector issued a notice to show cause under Section 3 (1) of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962, (hereinafter referred to as the said Act).
(2.) Challenging the said notice and the said eviction case the writ applications have been filed by the alleged unauthorised occupants for declaring the notice and the proceeding as non-est and for a declaration that the said Act is violative of Article 14 of the Constitution of India and to be declared ultra vires the Constitution of India and for directing the Municipal authorities to take steps forthwith for issuing rent receipts in favour of the writ petitioners on the basis of the resolution adopted by the Municipal authorities on 4th June, 2018.
(3.) As all of the above writ applications contain similar prayers and have similar facts and circumstances, all those matters were taken up together for hearing by consent of the parties.;


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