dispute whether the defendant is a Thika tenant or not is
the subject matter of the Thika Controller under the provisions of WBTT ... property
15
is a Thika Property and (iii) the defendant has already initiated proceeding
before the Thika Controller.
As regard the point of overvaluation
impugned order, the Tribunal upheld
the decision of the Thika Controller dated July 15, 2005
holding that Premises No. 46/13 S. N. Banerjee Road ... Consequently, according to
him, there was no complaint before the Thika Controller
for him to assume jurisdiction.
5. Learned advocate appearing for the writ
petitioners
Shri Shyamal Kumar Chanda vs The Learned Thika Controller on 3 August, 2023
Author: Debangsu Basak
Bench: Debangsu Basak
Dd 18 03.08.2023
WPLRT ... 11780/2019)
Shri Shyamal Kumar Chanda
Vs.
The Learned Thika Controller, Kolkata
Thika Tenancy & Ors .
Mr. Kallol Mondal, Advocate
... ... For the Petitioner
Mr. Chandi
Shri Shyamal Kumar Chanda vs The Learned Thika Controller on 9 August, 2023
Author: Debangsu Basak
Bench: Debangsu Basak
DL-33
09.08.2023 WPLRT ... Court No.5
(AD) Shri Shyamal Kumar Chanda
Vs.
The Learned Thika Controller, Kolkata Thika Tenancy &
Ors.
Mr. Shyamal Kumar Chanda
... petitioner in-person
Nanku Shaw was a thika
tenant in respect of an immovable property. Thika
tenancy is admitted by the Thike Controller as also ... Shaw in
respect of the thika tenancy concerned. Consequent
upon such decree, the writ petitioners approached the
Thika Controller for recording the writ petitioners
thika
tenants in respect of the concerned property. They say that
they have been paying rent to the Office of the Thika
Controller and receipts ... appellants' claim of thika tenancy, are still pending.
No certificate of thika tenancy has yet been issued by the
Controller in favour
view that
the defendant is a thika tenant, then he would send the issue
before the Thika Controller. It is further submitted that final
argument ... whether the defendant is a
thika tenant in respect of the suit property, before the Thika
Controller which appears to be gross violation
compensation being Misc. Case no. 64 of 2006,
the learned Thika Controller passed an order on 2nd May, 2007 holding that
the respondent ... challenges to orders are made from the order of the Thika
Controller under the 2001 Act is concerned.
It is submitted that the Rules
barred
by the Kolkata Thika Tenancy Act, 2001. Counsel submits that since
proceedings are also pending before the learned Thika Controller, the Board
could ... thika. The Waqf
Board issued a show-cause Notice dated 17.3.2022 under section 54 of the
Act for removal of the encroachment. The Thika Controller
fact that the proceeding for
certificate being pending before the 'Thika Controller' with respect to the said
property, as initiated by the writ ... petitioner's rights as thika tenants, only after
issuance of certificate, in their favour, by the 'Thika Controller'.
The arguments made
