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2023 Supreme(Cal) 737

SABYASACHI BHATTACHARYYA
Deepak Kejriwal – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rupak Ghosh, Mr. Kuldip Mallick, Mr. Arun Kumar Upadhyay, Mr. Shaunak Sengupta, Mr. S. Ray, Mr. Debanjan Saha.
For the Respondents: Mr. Jaydip Kar, Sr. Adv., Mr. Kamal Kumar Chattopadhyay, Mr. Debdeep Sinha, Mr. Tarjir Ali.

JUDGMENT :

1. The petitioner has challenged a Circular dated August 18, 2022 and a communication dated January 31, 2023 made by the respondent no.1, fixing the rent payable for the first floor of the disputed property for renewal for a further period of fifteen years, at Rs.72/- per Sq.ft. per month.

2. The petitioner is carrying on a sole proprietorship business of manufacturing wooden and steel furniture as well as assembling computer products in the name of M/s. Amit Industries at the disputed property, having office at Shilpa Bhawan, First Floor at 31, Black Burn Lane, Kolkata-700 012.

3. Respondent no.2, the West Bengal Small Industries Development Corporation Limited, acts for promotion and growth of Micro, Small and Medium Enterprises all over West Bengal by providing infrastructure on subsidized rates and extending marketing support to MSMEs.

4. In such backdrop, the petitioner alleges that an Allotment Letter dated September 2, 2003, was issued in favour of the petitioner on the basis of an application for allotment of an office space. In terms of the said letter, a short-term lease agreement was executed on September 29, 2003 in favour of the petitioner by the respondent no.2

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