- (1.) These writ petitions are directed against the initiation of proceedings under the Land Acquisition Act, 1894 for acquisition of a portion of Premises No.220/2, AJC Bose Road, Kolkata- 700017. On or about 26th May, 1995, Hamid Agencies Pvt. Ltd. executed a deed of lease bequeathing a portion of the ground floor of Premises No.220/2 A.J.C. Bose Road, Kolkata to Mrs. Kuldip Harbans Singh for a period of 16 years commencing from 21s t March, 1955. The said Mrs. Kuldip Harbans Singh set up a school at the said premises which is known as Central Model School. In July, 1964, Gojer Brothers Pvt. Ltd., the petitioner No.1, purchased the said premises along with the subsisting lease. On or about 23r d August, 1969 Gojer Brothers filed a Title Suit being T.S. No.100 of 1969 against the lessee Mrs. Kuldip Harbans Singh for eviction.
(2.) While the said suit was pending, Mrs. Kuldip Harbans Singh constituted a trust inter alia to take over and manage the school. On or about 21st March, 1971, the lease expired by efflux of time. On or about 8th May, 1979, the suit was decreed with a direction on the lessee Mrs. Kuldip Harbans Singh to vacate and deliver possession of the suit premises to Gojer Brothers. Gojer Brothers applied for execution of the decree.
(3.) The lessee Mrs. Kuldip Harbans Singh filed an appeal which was numbered F.A. 14 of 1980 and obtained an order of stay of the execution proceedings. After a few years, Central Model School Guardian's Association & another filed a writ petition being W.P. No.4394 of 1987 complaining about mismanagement of the school and praying for appointment of an administrator. An order was passed in the said writ petition, inter alia appointing a Special Officer to oversee the financial matters of the school relating to collection of funds, payment of salary etc. On 28t h February, 1990, the appeal being F.A. No.14 of 1980 filed by the lessee Mrs. Kuldip Harbans Singh was dismissed for non-prosecution.;