AMAL KRISHNA MAJUMDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition, the petitioners challenge the order of the Estate Manager and Ex Officio Deputy Secretary to the Government of West Bengal, Urban Development Department (for short the UDD) Kalyani. By the order impugned dated 27th April, 2018 the Estate Manager/the Respondent No.3 (R3) to this writ petition (for short R3) rejected the prayer of the petitioners to retransfer the Plot of land bearing the No.B-14/370 at Kalyani, Nadia (for short the said Plot or the Plot) in their names, in place and stead of the transferor/erstwhile owner/the Respondent No.5 (R5). The grounds for refusal to retransfer relate to violation of the terms of the Lease Deed signed between the Lessee/the plot holder and the UDD represented by its Estate Manager/R3. The stand is taken by R3 that during the period when the retransfer was sought by the petitioners from the erstwhile plot holder/R5, the plot already stood resumed by the UDD and vested in the Government as communicated to R5 on the 21st of August, 2001.

(2.) Briefly recapitulating the facts of this case, it would be necessary to point out that the original Lessee in respect of the said plot was one Ms. Anima Ghosh having entered into a Deed of Lease dated 27th of March, 1987 with the UDD, Government of West Bengal as represented by R3. On the 31st of March, 1989, the original Lessee, Ms. Anima Ghosh, transferred the said Plot in favour of R5/Shri Sambhunath Sarkar. The necessary entries in the books of the UDD recording the name of R5 in place and stead of Ms. Anima Ghosh, the original Lessee was completed.

(3.) It is the specific case of UDD/R3 appearing through Mr. Guchhait, Learned State Counsel, that R5 failed to construct a building over the said Plot within the stipulated time period. R5 did not respond to notices sent by R3 in this regard. Non-construction of the building within the time prescribed constitutes a gross violation of the terms of the Lease Deed. Therefore, by a Memo dated 27th July, 2008, R3 informed R5 that his request to transfer the said Plot in favour of the petitioners cannot be recognised since by Memo No. 276/RN/B-14/370 dated 21st August, 2001, the Allotment Order in respect of the said Plot stood cancelled.