MADHU GHOSH Vs. K K COMPANY

JUDGEMENT

(1.) This writ appeal has been directed against the Judgment and Order dated 11.2.99 passed by the single Judge of this court in writ petition No. 16505(W) 1995 whereby the order dated 27th August, 1998 issued by the respondent No. 3 renewing a lease for grant of ferry service in favour of the respondent No. 7 was set aside.

(2.) In a public auction held in August, 1995 for grant of lease in respect of Chandernagore Ranighat to Jugaddal Ghat ferry service the respondent No. 7 being the highest bidder was granted such lease for a period of three years from September 1, 1995 to August 31, 1998 by the respondent No. 1 to 3 and an agreement of lease was also executed and registered between Chandernagore Municipal Corporation (respondent No.1) and the respondent No. 7. The deed granted liberty to the lessee to apply for renewal of the lease after its expiry on terms and conditions incorporation in Clauses 31 to 33 of the deed. In terms of clause 31 of the said agreement, the respondent No. 2 was given authority to renew the lease provided such application for renewal is made at least 3 months before the expiry of the said lease. On August 20, 1998, the writ petitioner applied for being granted such a lease after its expiry on August 31, 1998 thereby offering more generous sum of Rs. 1,75,000/- per year. But the offer of the writ petitioner was not honoured by the respondent Nos. 1,2 and 3 who by a letter dated 27.8.98 address to the respondent No. 7. renewed the lease for another term of 3 years in favour of the respondent No. 7 at the rate of Rs. 85,000/- for the 1st year, Rs. 1,00,000/- for the second year and Rs. 1,10,000/- for the third year. The writ petition was filed challenging the order of renewal of the lease dated 27.8.98 passed by the respondent Nos. 1, 2 and 3.

(3.) The respondent Nos. 1, 2 and 3 by filing affidavit-in-opposition justified their action and denying the allegations in the petition. The respondent No. 7 also by filing affidavit-in-opposition and supplementary affidavit asserted that he opted for renewal on May 2, 1998 and then on 6.8.98 and that the order of renewal being legal and valid the writ petition is devoid of any merit.