ANAMIKA FARM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN this Writ Petition, the Petitioner prays for an Order commanding upon the Respondents to withdraw the Notice pertaining to termination of the agreement dated 21.2.2007 which was executed by and between the Petitioner and the West Bengal Live Stock Development Corporation Ltd.; The Petitioner further prays for an Order commanding upon the Respondents to remove the padlock put by the said Corporation on the business premises of the Petitioner and allow him free access to the premises for purposes of operating the business. The Petitioner also prays for a direction directing the authorities to restore electricity and water supply to the premises. The Petitioner also makes a prayer for damages caused by the corporation by forcibly entering into the premises and disconnecting power supply.

(2.) THE Petitioner has stated that it is a Proprietorship Firm which is involved in the business of poultry, production of chicken with the help of modern equipment and sale through different units and allied business. On 21.1.2006, a Tender Notice was circulated by the said Corporation in the newspaper (Aajkal Patrika) inviting tenders from interested persons/concerns for operating a marketing centre at Belgachia (Raja Manindra Road, Gariahat, and Jodhpur Park).

(3.) WHILE the Petitioner was carrying on business, the Avian Flu (Bird Flu) struck in many parts of India as a result of which, the chicken and chicken related business suffered. The said flu caused intensive damage to the poultry industries. The Petitioner has stated that since the outbreak of bird flu, its business suffered and a Representation was sent to the Principal Secretary, Government of West Bengal (who is also Chairman of the Corporation) for extending relief. Similar request was made to the Managing Director also. The Petitioner has stated that due to the impact of the bird flu, the Petitioner was not in a position to make payment of royalty. On 11.3.2008, a Meeting was held in the Chamber of the Managing Director of the Corporation in which, the Petitioner expressed its difficulties. The Representatives of the Petitioner were assured that the authorities will consider the prayer of the Petitioner sympathetically which included grant of time to pay the outstanding dues.