Format of notice u/s 80 of CPC [to Municipal Corporation]

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Under the Code of Civil Procedure

MR D DEV ROY

ADVOCATE

17/2/3 ab Road , Near Citi Cinema, Kolkata- 12

Tel: xxxxx

Email: xxxxx



DATE:

My Client :

Smt xxx  Bhattacharyya
w/o Late xxx Bhattacharyya
133/C, Raja xxxxxx Sarani
Kolkata- 9

To
The
1. The Kolkata Municipal Corporation,
2. Mayor,
3. The Mayor –in –Council

Kolkata Municipal Corporation.

Attention: Municipal Commissioner

Sub: Notice to remove encroachment in connection with property/premises/footpath within a month on receiving the same at 8C Hindusthan Road measuring 3k 4ch 2sqft

Sir/s

I am hereby serving this notice u/s 80 of Civil Procedure Code on behalf of my above client as you failed to remove unauthorized squatter and encroacher from the footpath adjacent to the property and allowed to pop up a Sahid Bedi cum garden with Flags , just front of the property.

1. That the premises and property under your jurisdiction belongs to my client at 8C Hindusthan Road. ( attaching a tax receipt in this regard)

2. That some unscrupulous element suddenly put a makeshift park/ garden/sahid Bedi just front of the entrance of the premises and covered it with a boundary, which made it impossible for my client either to enter in the premises or open gate at the boundary wall of the premises. (Attaching a photocopy to explain the circumstances).

3. That the premises situated at 8C Hindusthan Road and a footpath is attached and runs in between the Hindusthan road and the scheduled premises. The makeshift has come up last year on the footpath blocking the entrance of the premises. The

premises has been protected by boundary walls and touching the boundary wall the makeshift has been creating blocked for ingress and egress to the property.

4. That the footpath and its maintenance belongs to your jurisdiction and control. Therefore, my client approached to you with a humble request to remove the makeshift in front of the premises. You verbally assured to look after the matter but you failed to remove it within a reasonable time.

5. That my client wants to get a sanction plan from your ends to construct a residential house for personal use over the land, but due to such hardship, it could not be possible to use it for any meaningful purpose , if you do not interfere in the matter.

6. Therefore my client is planning to institute a civil and constitutional action against you, making you a necessary party for your such failure.

7. That my client suffered huge loss and further suffered degradation of valuation of the property which cannot be mitigated without paying damages from your ends in the tune of Rs One Crore ( INR)

xxxxxxxxxxxxxxxxxxxx

Advocate

Attachment:
1. Tax Receipt [Xerox]
2. 2.Mutation Certificate [Xerox]
3. Photograph of the premises

DRAFTING, PLEADING, CONVEYANCING AND PREPARATION OF DEEDS


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  • #121248 Reply
    advtanmoy
    Keymaster

    Under the Code of Civil Procedure MR D DEV ROY ADVOCATE 17/2/3 ab Road , Near Citi Cinema, Kolkata- 12 Tel: xxxxx Email: xxxxx DATE: My Client : Smt x
    [See the full post at: Format of notice u/s 80 of CPC [to Municipal Corporation]]

    #121249 Reply
    advtanmoy
    Keymaster

    Section 80. Notice.

    1 [(1)] 2 [ Save as otherwise provided in sub-section (2), no suits 3 [shall be instituted] against the Government (including the Government of the State of Jammu and Kashmir)] or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been 4 [delivered to, or left at the office of]

    (a) in the case of a suit against the Central Government, 5 [except where it relates to a railway] a Secretary to that Government;

    6[(b)] in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;
    7[(bb) in the case of a suit against the Government of the State of Jammu and Kashmir, the Chief Secretary to that Government or any other officer authorized by that Government in this behalf;]
    (c) in the case of a suit against 8[any other State Government], a Secretary to that Government or the Collector of the district; 9**
    10 * * * *
    and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.

    11[(2) A suit to obtain an urgent or immediate relief against the Government (including the Government of the State of Jammu and Kashmir) or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the Court, without serving any notice as required by sub-section (I); but the Court shall not grant relief in the suit, whether interim or otherwise, except after giving to the Government or public officer, as the case may be , a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
    Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1).
    (3) No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (I), if in such notice
    (a) the name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1), and
    (b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.]


    1. Section. 80 renumbered as sub-section (1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).

    1. Subs. by s. 27, ibid., for “No suit shall be instituted” (w.e.f. 1-2-1977).
    2. Subs. by Act 26 of 1963, s. 3 for “shall be instituted against the Government” (w.e.f. 5-6-1964). The words in italics were subs. by the A.O. 1948, for “Instituted against the Crown”
    3. Subs. by the A.O. 1937, for “in the case of the Secretary of State in Council, delivered to, or left at the office of a Secretary to the L.G. or the Collector of the District”.
    4. Ins. by Act 6 of 1948, s. 2.
    5. Clause (aa) ins. by Act 6 of 1948, s. 2 and relattered as clause (b) and the Former clause (b) omitted by the A.O. 1948.
    6. Ins. by Act 26 of 1963, s. 3 (w.e.f. 5-6-1964).
    7. Subs. by s. 3, ibid. for “a State Government” (w.e.f. 5-6-1964).
    8. The word “and” omitted by the A.O. 1948.
    9. Clause (d) omitted, ibid.
    10. Ins. by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).
    #121250 Reply
    advtanmoy
    Keymaster

    1[79. Suits by or against Government

    In a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be

    (a) in the case of a suit by or against the Central Government, 2[the Union of India], and

    (b) in the case of a suit by or against a State Government, the State.]


    1. Subs by the A.O. 1948, for s. 79.
    2. Subs. by the A.O. 1950, for “the Dominion of India”.
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