JUDGMENT :

Subrata Talukdar, J.

1. The short point in this appeal is whether the Appellants/State of West Bengal and the Respondent/the Writ Petitioners were bound by a contract requiring each of the parties to fulfil their respectful contractual obligations. The appellants/the State submit that the Memo dated 29th of April, 1977 bearing No. PW (MD)/4M-4/74/284 of the Public Works Department, Metropolitan Development Branch, Government of West Bengal issued by the Deputy Secretary to the writ petitioners does not create any binding obligation on the part of the State to lease out a plot of land in favour of the writ petitioner.

2. It would be now relevant for this discussion to quote the Memo dated 29th of April, 1977, which reads as follows:-

“Government of West

Bengal Public Morka Department

Metropolitan Development Branch

18, Rabindra Sarani, Calcutta - 1.

No. PW (10)/44-4/24/304 Dated Calcutta the 29.4.1977.

From:

Shri B.K. Dutta Roy, W.D.C.5.

Deputy Secretary to the

Government of West Bengal.

To:

Shri Hoti Lal Hohta, C/o. Bally Jute Co. Ltd.

(Mill No. 2) 102, Narkel danga Main Road,

Calcu