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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Suresh Bajaj – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. By filing the instant writ petition, the writ petitioners have prayed for issuance of appropriate writ/writs against the respondents/authorities more specifically; against the respondent no.4/authority commanding him to revoke and/or rescind and/or cancel the order dated 23.06.2014 whereby and whereunder the said respondent no.4/authority declined to allow the writ petitioners’ representation for mutation in respect of plot no. BC, Sector I, Bidhannagar, Kolkata 700064 (hereinafter referred to as the said ‘premises’ in short) by holding that the writ petitioners’ application for mutation will be governed under the notification dated 22.06.2012.
2. For effective adjudication of the instant lis some chronology of events leading to the filing of the instant writ petition are required to be dealt with and those are stated hereinbelow in seriatium:-
i. On 24.02.1969 one lease deed was executed by the respondent/State as lessor in favour of one Monoranjan Bhowmick (lessee) in respect of the said premises for residential purpose for a period of 999 years.
ii. The said lease contained various clauses including some restrictive clauses. Out of those, some of
Legislation impairing accrued rights of transferees cannot operate retrospectively, protecting vested property rights from legislative re-imposition of restrictions.
The authority has the power to terminate a lease in case of breach, and a notice must be served before termination.
The court clarified the concept of waiver of forfeiture under Section 112 of TPA and directed the government to decide on the change of user application before enforcing the lease determination notic....
The competent authority ought to have dealt with that application first, before it issued the order cancelling the lease.
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