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vested property or not

(Querist) 12 July 2015 This query is : Resolved 
How.to know whether a 7.5 kata land in central kolkata vested to govt or not under the WB thika tenancy act. Because we are getting municipality tax bill in our name.

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Advocate M.Bhadra (Expert) 12 July 2015
The lands in thika tenancies and/or with structure — along with the interests of the landlords — have been vested in the state according to the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001. Hence, a case of eviction of a thika tenant is to be disposed off by the Thika Controller once the State Government instructs him to do so. However, the controller is not empowered to adjudicate on whether or not a person is a thika tenant, as that comes under the jurisdiction of the civil court.

Therefore paying Municipal Tax is not amount to claim of ownership. If you would have face any problem in future for enjoying the possession, then you can file a Declaration Suit in Civil Court.
Rajendra K Goyal (Expert) 14 July 2015
Consult local lawyer and show him all the related documents.
Biswanath Roy (Expert) 17 July 2015
You can enquire in the Office of Controller of Thika Tenancy, Government of West Bengal having his office at Alipur Treasury Building and also in the Office of Kolkata Municipal Corporation, Revenue Department, 5, S.N. Banerjee Road, Kolkata.


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