Tapen Sen, J. - (1.)IN this Writ Petition, the Petitioner prays for an Order commanding upon the Respondents to withdraw the Notice pertaining to termination of the agreement dated 21.2.2007 which was executed by and between the Petitioner and the West Bengal Live Stock Development Corporation Ltd.; The Petitioner further prays for an Order commanding upon the Respondents to remove the padlock put by the said Corporation on the business premises of the Petitioner and allow him free access to the premises for purposes of operating the business. The Petitioner also prays for a direction directing the authorities to restore electricity and water supply to the premises. The Petitioner also makes a prayer for damages caused by the corporation by forcibly entering into the premises and disconnecting power supply.
(2.)THE Petitioner has stated that it is a Proprietorship Firm which is involved in the business of poultry, production of chicken with the help of modern equipment and sale through different units and allied business. On 21.1.2006, a Tender Notice was circulated by the said Corporation in the newspaper (Aajkal Patrika) inviting tenders from interested persons/concerns for operating a marketing centre at Belgachia (Raja Manindra Road, Gariahat, and Jodhpur Park).
Pursuant to such Notice, the Petitioner participated and his tender was accepted. A work was issued and although the Petitioner's offer was in respect of marketing stalls at Belgachia, Gariahat and Jodhpur Park and although the same were accepted, he was however allowed to carry on business at 37, Belgachia Road as a Chicken Semi-automatic Processing Plant, Fast Food Counter, Garden and Air-conditioned Restaurant. Thereafter, in the year 2006, an agreement was entered upon by and between the Petitioner and the Corporation and thereafter, the Petitioner started a Chicken Processing Unit on and from 22.2.2006. Subsequently, the second phase being the Garden Restaurant was also started. The Petitioner has stated that for purposes of running such a business, the Petitioner had to make substantial investment for renovating the Unit and for purchasing costly equipment. It took loan from the Indian Overseas Bank, Tegharia Branch. Thereafter, one registered Agreement dated 21.2.2007 was executed by and between the Corporation and the Petitioner. It was agreed that the Petitioner being a Franchisee, shall pay to the Corporation a sum of Rs. 20,000/- (Rupees twenty thousand) as royalty for every quarter, payable in advance with the current quarter for the first phase and then Rs. 30,000/- (Rupees thirty thousand) for operation of the fast food restaurant quarterly as royalty, in advance before the beginning of the quarter. In the Agreement, it was also stipulated that the Petitioner shall deposit a sum of Rs. 40,000/- (Rupees forty thousand) for the first phase i.e. for the operation of the processing counter and Rs. 60,000/- (Rupees sixty thousand) at the time of opening of the second phase i.e. the Restaurant, as security deposit, to be refunded on the expiry/termination of the agreement after deducting any sum that may be due and payable to the Corporation by the said Franchisee.

The Petitioner has stated that he also paid a sum of Rs. 1,00,000/- (Rupees One lakh) towards security deposit for carrying on the chicken processing unit and the Restaurant and the said amount is still lying with the Corporation.

(3.)WHILE the Petitioner was carrying on business, the Avian Flu (Bird Flu) struck in many parts of India as a result of which, the chicken and chicken related business suffered. The said flu caused intensive damage to the poultry industries. The Petitioner has stated that since the outbreak of bird flu, its business suffered and a Representation was sent to the Principal Secretary, Government of West Bengal (who is also Chairman of the Corporation) for extending relief. Similar request was made to the Managing Director also. The Petitioner has stated that due to the impact of the bird flu, the Petitioner was not in a position to make payment of royalty. On 11.3.2008, a Meeting was held in the Chamber of the Managing Director of the Corporation in which, the Petitioner expressed its difficulties. The Representatives of the Petitioner were assured that the authorities will consider the prayer of the Petitioner sympathetically which included grant of time to pay the outstanding dues.
On 11.6.2008, however, the Managing Director issued a Memo damanding payment of royalty in respect of the Belgachia Stall and Restaurant being a total sum of Rs. 80,000/- (Rupees eighty thousand) towards royalty and Rs. 90,000/- (Rupees ninety thousand) towards the Restaurant. The total claim was for Rs. 1,70,000/- (Rupees One lakh seventy thousand). The Petitioner filed Representation before the authorities informing them about the financial crisis and the difficulties being faced and prayed for time and also prayed for some exemption. It also made part payment of Rs. 20,000/- (Rupees twenty thousand) towards royalty for the period 16.8.2007 to 15.11.2007 towards Belgachia Stall thereby bringing down the total outstanding dues to Rs. 1,50,000/-. The Petitioner has stated that out of this, Rs. 1 lakh is already lying in deposit in the Corporation towards security deposit which the Petitioner had earlier paid.