PRANGAN TRUST Vs. RIA KARAK

JUDGEMENT

(1.) Appeal is at the instance of the private respondent and directed against an order dated December 2, 2024 passed in W.P.A. 13087 of 2024.

(2.) By the impugned order, learned Single Judge passed an interim order appointing an advocate as Special Officer. Such Special Officer was directed to inspect the premises. Municipal Corporation was directed to ensure presence of competent officer during such inspection. Municipal Corporation and the Special Officer were directed to affix a notification prohibiting any commercial activity until further orders of the Court. Officer-in-Charge of the Jurisdictional Police Station was directed to ensure security during inspection.

(3.) Learned Senior Advocate appearing for the appellants submits that appellants are enjoying a lease in respect of the property concerned by virtue of a registered deed of lease dated June 30, 1988. He draws the attention of the Court to the relevant provisions of the deed of lease. He also draws the attention of the Court to a notification dated September 13, 2023 issued by the Government of West Bengal. He submits that, conversion of user of a leasehold property is now permissible upon payment of the prescribed fees. He submits that, appellants applied for conversion. Such application is yet to be decided upon. He also draws the attention of the Court to a notice dated August 29, 2024 issued by the State to his client. He submits that, a period of six months was granted to his client to remedy the breach noted in such notice. Time to comply with the requisition contained in the notice dated August 29, 2024 is yet to expire.