IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present :-

The Hon’ble Justice PARTHA SARATHI SEN WPA 4308 of 2025 M/s. Ideal Science and Research Welfare Hub -Vs-

The State of West Bengal and others For the Petitioner:

Mr. Soumya Majumder, Sr. Adv.

Mr. Rabi Ghosh For the State:

Mr. Soumitra Bandyopadhyay Ms. Suchana Banerjee For the respondent no.2:

Mr. Debabrata Banerjee For the respondent nos.3 to 5:

Mr. Mahendra Prasad Gupta Mr. Abhisekh Sikder Ms. Moumita Dhar Hearing concluded on: 22.05.2025. Judgment on: 22.05.2025.

PARTHA SARATHI SEN, J. : –

1. By filing the instant writ petition the writ petitioner which is a trust has prayed for issuance of appropriate writ/writs against the respondents/authorities more specifically; against the respondent no. 3 for quashing and/or setting aside the order dated 24.01.2025 as forwarded under a memo dated 29.01.2025 whereby and whereunder the writ petitioner was directed to pay a sum of Rs. 4,36,90,000/- being the 25 percent of the prevailing lease premium on the area of 349.52 katha at the rate of Rs. 5 lakh per katha within a stipulated period on account of violation of the terms and conditions of the registered deed of lease deed dated 25.08.2002.

2. In course of his submission Mr. Majumder, learned Senior Advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page nos. 103 to 127 of the instant writ petition being a copy of the aforementioned registered deed of lease dated 25.08.2002. It is submitted by Mr. Majumder that in internal page nos. 7 and 8 of the said deed, there is a stipulation that the lessee who is the writ petitioner before this Court has got no right to sub-lease and/or assign and/or transfer its right or interest in the demised portion or any part thereof to any third party except with the consent in writing of the lessor. It is submitted by Mr. Majumder that in the said stipulation it has been provided further that the present writ petitioner being the lessee may be allowed by the lessor at its discretion and on sufficient ground to sub-lease and/or assign and/or transfer its leasehold right for the unexpired period of lease on payment of such transfer fees or service charges as may be fixed time to time by the lessor.

3. At this juncture, Mr. Majumder took me to page nos. 84 to 98 of the instant writ petition being a copy of the „facilities agreement‟ dated 01.07.2019 as has been executed by and between the writ petitioner and Tata Consultancy Services Limited (hereinafter referred to as „TCS‟ in short). It is submitted by Mr. Majumder that on careful perusal of the said „facilities agreement‟, it would reveal that the writ petitioner/trust practically permitted the TCS to use the logistics of the writ petitioner for the purpose of holding different examination on the schedule days in an area of the leased out premises measuring about 15,000 sq. ft.

4. At this juncture, Mr. Majumder draws attention of this Court to page no. 128 of the instant writ petition being a show cause notice dated 03.04.2024 as has been issued by the respondent no. 4/authority whereby and whereunder an untrue allegation has been leveled against the writ petitioner/trust regarding sub-letting of the demised premises violating the terms and conditions of the aforementioned deed of lease. It is submitted that from page no. 130 being a copy letter of reply dated 15.04.2024 it would reveal that the Chairman of the writ petitioner/trust while replying to the said show cause notice, specifically stated that at no material time any sub-letting took place in any portion of the demises premises as wrongly alleged. It is further argued that in the said letter of reply it has been also clarified by the Chairman of the writ petitioner/trust that the aforementioned „facility agreement‟ was executed with TCS only for a limited purpose that is for conducting different State and National level examination in the second floor of „Ideal In