Pratap Kumar Ray, J.

1. HEARD the learned advocate appearing for the parties.

2. SUBJECT matter of lis is on central point as to whether the State Government who is lessor of concerned land could make lessee, a partnership firm, liable for alleged breach of Clause 2(8) of the Indenture of Lease dated 17th July, 2002, alleging that Lessee assigned or transferred the demised land or any part of the demised land without previous permission of the Government in writing due to its action of reconstitution of partnership firm by taking new five partners and thereafter registration of the said firm to a incorporated Company under Part IX of the Companies Act, 1956 wherein a provision under section 575 lead an effect of vesting of all property movable and immovable belonging to or vested to the partnership firm on the date of registration to the incorporated Company due to language of said provision that all property will pass to and vest in the Company incorporated under the Companies Act and for such alleged breach whether State Government is legally entitled to issue the letter dated 21st January, 2009 impugned in the writ application asking the incorporated Company to pay penal