Biswanath Somadder, J.

This appeal has been preferred against a judgment and order dated 14th November, 2011, passed by the learned Single Judge in WP 17296 (W) of 2009 (Smt. Jayanti Paul & Ors. v. Kolkata Metropolitan Development Authority & Ors.). It appears that the writ petitioners had approached the learned Single Judge questioning a decision of the Kolkata Metropolitan Development Authority (hereinafter referred to as the KMDA) dated 15th September, 2009. By the said decision, the offer of allotment of plot no. C-15, HIG made by the KMDA was cancelled and possession of land delivered stood withdrawn. The lease deed so executed also stood cancelled.

2. It appears that the learned Single Judge, without even considering the merits of the case on its factual background or testing the action on the touchstone of reasonableness as opposed to arbitrariness, merely referred to and relied upon his own decision rendered in Haldiram Ltd. v. State of West Bengal & Ors. reported in (2009) 1 Cal LT 158 (HC) in order to hold that the decision of the KMDA to cancel the lease was "in exercise of its pure private law contractual right flowing solely from the terms and conditions of the