(1.) The writ petition was moved on service. The respondents are represented. Affidavit of service may be kept on record.
(2.) The writ petitioners were an allottee of a plot of land from the Board of West Bengal HIDCO Limited. The allotment letter at page '28' contains the following clauses:
(3.) Pursuant to the aforesaid a registered deed of sale/indenture was executed by and between the first respondent and the present writ petitioner No. 1. Such indenture as appears at page '38' of the writ petition does contain any express covenant making the above clause 'viii' of the allotment letter operative even after purchase. However, at pages 38-40 of the writ petition in the last recital the parties have agreed as follows: