BISWANATH SOMADDER,J. - (1.) The writ petitioner was initially granted lease by the Burdwan Zilla Parishad for the purpose of collecting Toll Tax from the vehicles carrying sand and stone chips on the road from Arambag to Nabagram within Khandaghosh Police Station situated in the district of Burdwan. This lease was granted for one year with effect from 15th November, 2009. Subsequently, this lease was extended up to 30th November, 2011.
(2.) On 8th November, 2011, the petitioner applied for further renewal of the lease before the concerned Zilla Parishad authorities. However, in the meanwhile, the Burdwan Zilla Parishad authorities decided to invite applications for the purpose of granting fresh lease from intended persons for the purpose of collecting Toll Tax. In the notice inviting such applications, it was stated that sealed tender was required to be submitted by 2-00 p.m. on 17th November, 2011. Although, this notice inviting applications for granting fresh lease agreement was to the knowledge of the writ petitioner, the writ petitioner, for some reasons, did not participate in the tender process, but instead, decided to approach the writ Court, praying, inter alia, for issuance of a writ in the nature of mandamus commanding the respondents to renew the petitioner's agreement for collecting Toll Tax after setting aside the notice inviting fresh applications.
(3.) It is contended by the learned advocate for the petitioner that the petitioner was given extension of lease up to 30th November, 2011. As such, the notice invoking fresh applications could not have been issued prior to expiry of the renewed term granted in favour of the writ petitioner.;