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

The Hon’ble Justice Om Narayan Rai WPA 27146 of 2024 Epic Marketing Company Pvt. Ltd. & Anr.

Vs.

The State of West Bengal & Ors.

For the Writ Petitioners : Mr. Indrajit Chatterjee ..……….Advocate For the State : Mr. Sk. Md. Galib Ms. Sujata Mukherjee ………..Advocates For the Respondent : Mr. Mahendra Prosad Gupta Nos. 2 to 5 Mr. Abhishek Sikdar ………..Advocates Heard on : 28.03.2025 Judgment on : 10.04.2025 Om Narayan Rai, J.:-

1. The instant writ petition has been filed seeking issuance of a writ of mandamus commanding the respondent nos. 2 to 4 to refund the lease premium amount of Rs.13,40,500/- (Rupees Thirteen Lakh Forty Thousand Five Hundred) paid by the petitioner no.1 to the West Bengal Small Industries Development Corporation Limited (hereafter “the said Corporation”).

2. Briefly summed up, the facts of the case (as may be garnered from the material on record and to the extent the same are relevant for deciding the case at hand), are that on or about 08.03.2005 the petitioner no.1 made an application for leasing in (taking on lease) a plot of land in the Industrial Estate Tangra in response to an advertisement published by the State Government inviting applications from interested parties for such purpose. The petitioner no.1 was ultimately allotted a plot of land at Tangra-II, Industrial Estate being No.P-28 measuring about 3.83 Cottahs for 99 years through a formal letter of allotment dated 30.12.2005. Subsequently a formal deed of lease was executed between the petitioner no.1 and the said Corporation on 27.12.2006 which recorded that the property described in Schedule – A appended to the lease-deed had been leased out to the petitioner no.1 for a period of 99 years from 30.12.2005 to 29.12.2104. Schedule – B of the lease-deed records that a sum of Rs.13,40,500/- (Rupees Thirteen Lakh Forty Thousand Five Hundred) in aggregate had been paid by the lessee i.e. the petitioner no.1 to the lessor i.e. the said Corporation by way of three installments. The last of the said three installments was paid on 21.09.2005. In terms of clause 2(g) of the lease- deed, the petitioner no.1/lessee was required to start construction, manufacturing activities/production according to the provision of clause

2(c) thereof within a period 12 months from date of such lease.

3. The petitioners failed to take steps in terms of the said clause of lease-deed and as such a notice dated 29.04.2010 was issued to the petitioner No.1, on behalf of the said Corporation thereby calling upon the said petitioner to show cause as to why the said lease would not be terminated. The petitioner no.1 replied to the said notice by a letter dated 12.05.2010 whereby the petitioner no.1 assured the said Corporation that it would undertake construction works “within the month of Aug’ 2010”. The petitioner no.1, however, could not keep its commitment. In such view of the matter, after affording an opportunity of hearing to the petitioner no.1, the Executive Director of the said Corporation, being the Prescribed Authority appointed under Section 2(e) read with Section 8 of the West Bengal Government Premises (Tenancy Regulation) Act, 1976 issued an order of eviction dated 03.10.2012 thereby calling upon the petitioner no.1 to quit the said leased property (hereafter “the said property”) and deliver vacant possession thereof to the said Corporation within a period of thirty days from the date of service of the said notice. In order that the said Corporation could take peaceful possession of the said property through its Officers, a letter dated 13.02.2013 was issued on behalf of the said Corporation addressed to the Officer in Charge, Entally Police Station seeking assistance of the police. Assailing the said order of eviction dated 03.10.2012 and the notice seeking police assistance dated 13.02.2013, the petitioners approached this Court by filing a writ petition being W.P. No. 18657(W) of 20