TARAK KUMAR KARKI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN this Rule the petitioners pray for cancellation of certain resolution (annexure D to the petition) relating to the grant of lease of 'darjeeling Town hall' a property of the Darjeeling Municipality in favour of the respondent No. 3.

(2.) THE facts as set out by the petitioners briefly are : the petitioners are the residents of darjeeling within its municipal limits, the petitioner No. 2 being also a rate payer of the Municipality. A Town hall substantially at the expense of the then Maharaja of Cooch Behar was constructed sometime in 1917. Thereafter, he made a gift of this property to the Municipality of Darjeeling. Although the Town Hall was required to be used for the benefit of the general public within the municipal area of the darjeeling Municipality under the Trust created by the then Maharaja of Cooch behar, it was leased out in spite of pro-test made by the Youth Federation of darjeeling to the respondent No. 3 for running a Cinema House sometime in 1955 for a period of 10 years with an option of renewal by the Municipality for a further period of 10 years. On 16-5-65 a public meeting was held under the auspices of the Darjeeling Citizens Welfare committee protesting against the reported renewal of the said lease to the respondent No. 3. In spite of this there was such renewal of lease to the respondent No. 3 g;ranted by the Municipality by the resolution of Commissioners in August 1965. That is how, the petitioners felt aggrieved and obtained the present Rule.

(3.) UPON these facts Mr. Arun kumar Dutt, learned Advocate for the petitioners raises the following points :