LAWS(CAL)-2014-12-14

SAMAR KUMAR BASU Vs. STATE OF WEST BENGAL

Decided On December 09, 2014
Samar Kumar Basu Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THE writ petitioner is a lessee of a plot of land at the Behala Industrial Estate. The lease in favour of the petitioner No. 1 had expired by efflux of time in 2008. The writ petitioners entered into negotiations with the respondent authorities for renewal of the lease as well as bifurcation of the plot. During such negotiations it was agreed that, petitioner No. 1 will give up a portion of the lease area in favour of the petitioner No. 1. The writ petitioners seek an order on the respondents to register a deed of lease in favour of the petitioner No. 2 and to renew the deed of lease in favour of the petitioner No. 1. During the pendency of the writ petition the respondent No. 1 issued a notice dated June 18, 2014 under Rule 3(1) of the West Bengal Government Premises (Tenancy Regulation) Act, 1976. The prescribed authority appointed under Section 2(e) read with Section 8 of the West Bengal Government Premises (Tenancy Regulation) Act, 1976 by an Order dated August 20, 2014, directed eviction of the petitioner No. 1 from the industrial plot concerned.

(2.) THE writ petitioners moved an interim application being G.A. No. 3136 of 2014 seeking stay on those two actions in respect of the industrial plot concerned. Both the interim application as well as the writ petition were taken up for hearing.

(3.) MR . Sabyasachi Chowdhury, learned Advocate for the petitioners contends that, the petitioner No. 1 was a lessee in respect of 2,002 square feet of land at the Behala Industrial Estate. Such lease expired by efflux of time in 2008. The petitioner No. 1 had applied for bifurcation of the plot. This was approved by a letter dated January 17, 2008. He refers to another letter dated May 19, 2008 by such the respondent No. 1 called upon the writ petitioner to submit various documents.