VINAY KUMAR SINGH Vs. KOLKATA PORT TRUST

JUDGEMENT

(1.) The "International Engineering and Construction Company'' entered into a lease-agreement with the Kolkata Port Trust (KoPT) on June 4, 1973 for a period of 30 years commencing from February 1, 1972. The said lease deed was signed on behalf of the lessee by the present petitioner as its sole proprietor.

(2.) Subsequently, there was communication between the petitioner and the KoPT and offers and counter-offers were made in respect of the renewal of the lease deed of the petitioner. Ultimately, by a quit notice dated June 8, 2007 (Ref. No. Lnd.4545/II/Loose/07/813), the KoPT directed the petitioner to quit, vacate and deliver vacant and peaceful possession of the lease hold property. It was also indicated in the notice that in default, the matter would be placed before the Estate Officer for eviction, recovery of arrear rental dues and damages. The present writ petition has been preferred against the said quit notice. A further relief has been prayed for a direction upon the KoPT to execute a 99 years' lease-deed in favour of the petitioner.

(3.) The learned Senior Advocate appearing for the petitioner, at the outset, takes an objection as to maintainability of the writ petition on the ground that the same has been preferred by one Vinay Kumar Singh in his personal capacity although, in the writ petition, the International Engineering and Construction Co., that is, the lessee has been described as a private company, which is an independent and separate juristic entity in the eye of law.