RADHESHYAM KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Despite the fact that at one stage the State of West Bengal and the Slate Respondents had been duly represented, today when the matter is taken up for hearing, no one appears to oppose the writ application on behalf of the Respondents.

(2.) The Petitioners have challenged an order passed by the Thika Tenancy Controller, Calcutta purportedly under Sec. 7(2) of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981, whereby the thika tenancy of the Petitioners' lessor was sought to be terminated and the structures standing at premises No. 9, Kalimuddin Lane were declared to have vested to the Stall.

(3.) The Petitioners claim that the thika tenant, one Biswanath Prasad Gupta. granted a lease in respect of the structures standing on the above - mentioned premises to the Petitioners by a Deed of Lease dated December 8, 1989. The Petitioners further case is that the provisions of the aforesaid Act permitted grant of such lease and, as a result, the impugned order of the Thika Tenancy Controller was not capable of being sustained and was liable to be set aside.