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2016 Supreme(Cal) 489

DEBI PROSAD DEY
GPT Health CARE Private Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Mr. Aniruddha Chatterjee, Mr. Srijib Chakraborty, Mr. Prabir Gayen
For the Plaintiffs/Respondents: Mr. Pranab Kumar Dutta, Mr. Tulsidas Roy

JUDGMENT :

Debi Prosad Dey, J.

1. The petitioners being aggrieved by the communication dated March, 20, 2014 bearing no. 873-UD/O/M/SL(AL/NR)/8L-48/95(Pt.) have filed this writ petition praying for quashing the said communication as well as for a direction upon respondent no.2 particularly to forthwith allow the petitioners to change the name of the lessee in the records of the respondents from Jibansatya Printing House Private Limited to GPT Healthcare Private Limited and to change the purpose of use of the land in question being premises no. DD-6, Sector-I, Salt Lake City, Kolkata-700064 from office building to Nursing Home/Hospital allied services.

2. The Government of West Bengal being the lessor executed a deed of lease in favour of Jibansatya Printing House Private Limited for construction of office building for the period of 999 years as per the terms and conditions contained in the said deed of lease vide annexure P1. Clause 9 of the said deed of lease provides that the lessee shall not be permitted to change the user of land without the permission in writing of the Government or other authority prescribed in that behalf. The lease was granted for construction of office buildi














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