KALJANI GROUP SAMITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner No. 1 participated in the auction for settlement of the ferry-ghats known as Arampur Ghat and Sishabtali Ghat for the period of one year commencing from 1st Baishak, 1411 B.S. ending with the last day of Chaitra, 1411 B.S. The petitioner No. 1 was found to be the highest bidder in the said auction. Accordingly, a lease was granted by the concerned Panchayat Samiti settling the said two ferryghats with the petitioner No. 1 for a period of one year commencing from 1st Baishak, 1411 B.S. ending with the last day of Chaitra, 1411 B.S. for a consideration of Rs. 4,75,100/-.

(2.) The petitioners claim that the petitioners invested a lot of money amounting Rs.7,00,000/- for the said business.

(3.) The petitioners further claim that though the lease commenced on 1st Baishak, 1411 B.S. but the possession of the said ferry-ghats could not be delivered to the petitioners on the date of commencement of the lease because of the pendency of a writ petition being W.P.No. 3562(W) of 2004 concerning the said ferry-ghats. Thus, the petitioners claimed that the petitioners could not continue for the entire lease period and thereby sustained loss in their business.