was delivered by AYYANGAR J. Sarkar J. The appellant Corporation was companystituted by the Calcutta Municipal Act, 1951, an Act passed by the Legislature of the State of West Bengal.
Appeal from the judgment and order dated July 26, 1961 of the Calcutta High Court in Appeal from original Order No.
S. Pathak, A. N. Sinha and P. K. Mukherjee for the appellants.
Niren De, Additional Solicitor general N.C chatterjee Ghosh, J. B. Dadachanji and O. C. Mathur for the respondent.
Naunit Lal, for the intervener No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Corporation preferred an appeal to a Division Bench and the learned Judges on practically the same line of reasoning as the learned Single Judge dismissed the appeal.
By a resolution passed on March 14, 1958 the Corporation changed the basis of assessment of the licence fee with effect from April 1, 1958.
226 of the Constitution for a writ quashing the resolution.
N. Mukherjee, for the intervener No.
Hence the present appeal.
26 of 1961.
The Act was intended to companysolidate and amend the law relating to the Municipal affairs of Calcutta and it defined the duties, powers and functions of the Corporation in whose charge those affairs were placed.
This order was companyfirmed by an appellate Bench of the same Court companysisting of Bose C. J. and C. K. Mitter J. on appeal by the Corporation.
67 of 1959.
The respondent then moved the High Court at Calcutta under Art.
was delivered by SARKAR J. The dessenting Opinion of SUBBA RAO and AYYANGAR JJ.
The Judgment of SARKAR, RAGHUBAR DAYAL and MUDHOLKAR JJ.
The application was first heard by Sinha J. who allowed it.
