3. On petitioners application, the opposite party authorities decided to allot a
piece of land for a period of 30 years in favour of the petitioner for opening of Bata Sales C
entre. In pursuance to such decision a lease deed (Annexure-2) was executed on 07.03.1991 leas
ing out 2000 Sq. ft. of (un-reclaimed) land in favour of the petitioner for 30 years for runni
ng of the Bata Sales Centre. It is stated by the petitioner that on his subsequent request for
change of site the Land Selection Committee of the Opposite Parties in their meetings dated 1
5.02.1992 and 11.03.1992 recommended for allotment of 2833.57 Sq. ft. of land in favour of the
petitioner appertaining to Plot No.48, under Khata No.27 of village- Sandakud. Accordingly a
fresh lease deed was executed on 02.09.1993 for 20 years with revised conditions, premium and
rent. It is stated that on 12.06.2002 the petitioner sought for permission from the Opposite
Parties to change the user of the land from Bata Sales Centre to Restaurant-cum-Lodging and ac
cordingly on 15.07.2002 the opposite parties issued letter (Annexure-4) allowing permission to
change the user of the leasehold land to Restaurant-cum-Lodging, but they did not change the
duration of the lease from 20 years to 30 years. Therefore, the petitioner submitted represent
ations on 31.12.2012 and 07.02.2014 (Annexures-7 & 8) to opposite party No.2 requesting to cha
nge the duration of lease to 30 years.
4. Since the opposite parties did not change the duration of the lease the petiti
oner filed W.P.(C) No.21821 of 2014 before this Court. By order dated 08.12.2014 the said writ
petition was disposed of with a direction to opposite party to dispose of petitioners represe
ntation dated 07.02.2014 within a period of two months from the date of production of certifie
d copy of the order. In pursuance to the said order the petitioner was issued with letter date
d 19.03.2015 by the Chairman of Paradeep Port Trust for hearing on his representation on 23.03
.2015. Thereupon the petitioner filed a fresh petition on 23.03.2015 before the Chairman, Para
deep Post Trust for extension of the duration of the lease in the lease deed from 20 years to
30 years. The representation of the petitioner was rejected and he was intimated by letter dat
ed 08.04.2015 (Annexure-12) by the Port Authority about the rejection of the representation.
5. It is the submission of the learned counsel for the petitioner that since the
opposite party authorities have initially granted the lease for 30 years for Bata Sales Centre
and also on petitioners request, decided to a bigger land measuring 2833.57 Sq. ft. with the
same terms and conditions, they are stopped to deny the continuance of the lease for 30 years.
