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HIGH COURT AT CALCUTTA IN THE CIRCUIT BENCH AT JALPAIGURI
DEBANGSU BASAK, MD.SHABBAR RASHIDI
State of West Bengal – Appellant
Versus
Savin World Resorts Private Limited – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Two appeals have been heard analogously as they emanate out of the same impugned judgement and order dated July 5, 2023 passed in WPA 17656 of 2016.
2. MAT 167 of 2023 is at the behest of the State of West Bengal while MAT 19 of 2024 is at the behest of Siliguri and Jalpaiguri Development Authority (SJDA).
3. Learned advocate appearing for the State has contended that, the private respondent essentially sought specific performance of an alleged contract by way of a writ petition. He has referred to the facts of the case. He has contended that, although, SJDA granted a lease in favour of the private respondent for a period of 10 years, extendable for a further period of 11 years, the private respondent as the lessee did not discharge their obligations under such lease deed. The private respondent had failed to pay the lease rentals within time. The private respondent did not apply for extension of the lease nor any extension had been granted. According to him, there are many disputed questions of facts which the writ Court should not have entered into by way of a writ petition.
4. Learned advocate appearing for the State has contended that, State did not
The maintainability of a writ petition for specific performance is vitiated by delay and the principle that claims barred by limitation are not justiciable in writ jurisdiction.
A lessee's option to renew a lease must be honored by the lessor, provided that the lessee has exercised the option in accordance with the terms of the lease deed and has paid the required fees and r....
Point of law: Existence of an arbitration clause cannot be a ground for non maintainability of a writ petition under Article 226 of the Constitution of India. But it is the discretion of the High Cou....
The court established that acceptance of delayed payments by the State constituted a deemed extension of time for contract performance, reinforcing the obligation to execute lease deeds.
The authority has the power to terminate a lease in case of breach, and a notice must be served before termination.
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