Disposed

Gangarampur Matsyajibi Samabya Samity Ltd. and Anr. v. State of West Bengal and Ors.

Calcutta HC4 Jan 2024WPA/20050/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging a demand notice for lease rent. The petitioners, affected by the pandemic, sought an exemption from rent and cancellation of the lease. The court directed the authority to consider a comprehensive representation and stayed the demand notice during proceedings.

What did the court decide?

Direction to the authority to consider the petitioners' representation on waiver and cancellation of lease within four weeks; stay of the demand notice dated 7th July 2023.

Gangarampur Matsyajibi Samabya Samity Ltd. and… — Writ and Judicial Review | Calcutta HC (2024)

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516

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jdt. 04.01.2024 jb.

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W.P.A. 20050 of 2023

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(Gangarampur Matsyajibi Samabya Samity Ltd. & Anr. vs. State of West Bengal & Ors.)

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Mr. Ramakrishna Bhattacharyya Mr. Kaushik Choudhury Bushra Khatun Ms. Kankana Bhattacharya … For the Petitioners

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Mr. Chandi Charan De Mr. Sadhan Halder … For the State

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Affidavit of service filed on behalf of the petitioners is taken on record.

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It is contended on behalf of the petitioners that they were granted lease of the pond in question being Pransagar Dighi upon depositing the requisite rent and possession of the pond was handed over to the petitioners on 13^th February, 2020. Immediately thereafter, covid-19 pandemic intervened and the petitioners were unable to carry on pisciculture from 23^rd March, 2020. The petitioners submitted an application before the authority seeking exemption of lease rent for the period from 10^th February, 2020 to 23^rd March, 2020. Also, since the petitioners are not in a position to carry on pisciculture, they sought cancellation of deed of lease. The application went unheeded. The petitioners were served with a demand

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notice for realisation of lease rent issued by the Additional District Magistrate and District Land and Land Reforms Officer, Dakshin Dinajpur at Balurghat on 7^th July, 2023 turning down their request for waiver of lease rent and directing them to clear the outstanding lease rents till 12^th February, 2024. The petitioners seek to file a comprehensive representation before the concerned authority seeking waiver of lease rent as well as cancellation of the deed of lease and pray for a direction upon the authority to consider the representation at the earliest.

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Learned counsel for the respondents submits that the 4^th respondent be directed to consider the representation in accordance with law.

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In view of the above, the writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation before the 4^th respondent within two weeks from date. The 4^th respondent is directed to consider and dispose of the representation within four weeks from the date of receipt thereof upon affording reasonable opportunity of hearing to all concerned including the petitioners, in accordance with law.

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The decision taken by the authority shall be communicated to the petitioner within a week thereof.

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Pending disposal of the representation, the demand notice issued on 7^th July, 2023 be stayed.

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There shall be no order as to costs.

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Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

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Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

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(Suvra Ghosh, J.)

Gangarampur Matsyajibi Samabya Samity Ltd. and Anr. v. State of West Bengal and Ors.

Case brief

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Gangarampur Matsyajibi Samabya Samity Ltd. and Anr. v. State of West Bengal and Ors.

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