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2007 Supreme(Cal) 69

SEN GUPTA, ARUN KUMAR BHATTACHARYA
CRESCENT PLASTICS PRIVATE LIMITED – Appellant
Versus
WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED – Respondent


Advocates Appeared:
DIPANKAR DHAR, HIRAK MITRA, JAYDEEP KAR, PALLAB MANDAL, PRABIR ROY CHAUDHARY, S.SARKAR, SUBHASISH SARKAR, SWATI BHATTACHARYA

( 1 ) THIS appeal is directed against a judgment and order of the learned single Judge dated 16th August. 2004 whereby and whereunder the learned single Judge has dismissed the writ petition. The writ petitioner's grievance before the learned Single Judge was that the respondent authorities without due recourse to law has evicted the petitioner from a plot of land at J-52, howrah Industrial Estate, Baltikuri, Howrah - 711105 (hereinafter referred as "the said premises" ). The admitted position in that case was that a registered deed of lease dated 27th January, 1973 had been executed between the Government of West Bengal on the one hand and the writ petitioner on the other in respect of the said premises. The said premises was let out and/ or demised to the petitioner for the purpose of carrying on business for a period of 99 years commencing from 1st January, 1973. One of the terms and conditions contained in the said lease deed was that the lease is liable to be terminated in the event of breach of terms and conditions contained therein.

( 2 ) THE relevant terms amongst others, which are necessary for the disposal of the present matter, are - to start manufacture and production

























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