In a writ petition, the petitioner sought restraint on dispossession from leased fisheries. The court observed the lease had expired in April 2022 and no extension was taken. The petition was dismissed.
Petition dismissed without costs; respondent directed to return earnest money if deposited.
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Ct. 05 Item No.14 06.06.2022 (suvendu)
WPA 7077 of 2022
Ram Chandra Das Vs. The State of West Bengal & Ors.
Mr. Sujit Kumar Ghosh Ms. Patakashree Roy ….……for the petitioner
Mr. Santanu Kumar Mitra Ms. Jyotsna Ray Mukherjee ………for the State
Affidavit of Service is taken on record.
The petitioner seeks an order restraining the respondent no.3, being the District Land and Land Reforms Officer, Murshidabad, from dispossessing the petitioner.
According to learned counsel appearing for the petitioner, the respondent issued a fresh tender and there is every possibility of the petitioner, who was granted a lease for certain fisheries, to be dispossessed from the concerned fisheries.
Learned counsel appearing for the respondent submits that the petitioner did not pay
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the lease rent for the fisheries despite several reminders and notices.
After hearing learned counsel appearing for the parties and considering the documents on record, it appears that the petitioner was granted the lease for a period of five years ending on 14.04.2022. There are no documents on record which would show that the petitioner took any step for extending the duration of the lease are couple of undated letters, which counsel for the petitioner submits to be of 2018. The lease expired on 14.04.2022 and there is no document to show that the petitioner responded to the demand for lease rent or otherwise.
This Court is hence of the view that there is no merit in the writ petition and the same is dismissed without any order as to costs.
The respondent is, however, directed to return the earnest money, if any, which the petitioner may have deposited for a fresh tender within a period of two weeks from date.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.
( Moushumi Bhattacharya, J. )
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1 issue framed by the court
Whether the writ petition seeking restraint on dispossession of the petitioner has merit given the expiration of the lease and failure to respond to rent demands.
1 provisions across 1 enactments
Ram Chandra Das
The State of West Bengal
District Land and Land Reforms Officer, Murshidabad
Moushumi Bhattacharya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
