Chittatosh Mookerjee, J. - (1.) The appellants claimed to be the present owners of premises No. 18/1, Suren Sarkar Road, P. S. Beliaghata, Calcutta and according to them, the said premises is comprised of 1 bigha 10 cottahs of land and pucca structures, etc. According to them, then predecessors-in-interest by a registered Indenture dated 13th May, 1963 had granted to M/s. Calcutta Electric Lamp Works Ltd., the Respondent No. 4 a lease of the said premises for a term of 25 years commencing from 1st January, 1964. The appellants brought Title Suit No. 82 of 1979 in the 8th Court of the Subordinate Judge, Alipore against the Respondent No. 4, Company, inter alia, for recovery of khas possession of the aforesaid premises, for recovery of arrears of rent since April, 1973 and for recovery of meane profits. The appellants case in the said suit was that the Respondent No. 4, Company, had committed breads of the terms of the lease by defaulting in payment of rent etc. and the appellants bad forfeited the lease. The Respondent No. 4 filed a written statement contesting the said suit. The said suit still remains undisposed of. On August 30, 1979, in exercise of the power conferred by section 3 of the West Bengal Relief Undertakings (Special Provisions Act, 1972 (West Bengal Act XIII of 1972) the Government of West Bengal declared M/s. Calcutta Electric Lamp Works Ltd. as a relief undertaking on and from 30th day of August, 1979 upto 29th of August 1980. The said notification mentioned that the State Government had given guarantee in respect of a loan of Rs 1,40,000/- that taken by M/s Calcutta Electric Lamp Works Ltd. from the United Bank of India and therefore the said undertaking had become a state industrial undertaking. By a separate notification published on 30th of August, 1974 the Governor of West Bengal under section 4 of the West Bengal XIII of 1972 issued necessary directions in terms of the said provision. By issuing subsequent notifications, the State Government had purported to extend from time to time the said declaration under section 3 of the West Bengal Act XIII of 1972 in respect of the Respondent No. 4, M/s. Calcutta Electric Lamp Works Ltd. The directions given under section 4 of the said Act have been also accordingly extended. The last notification extending the benefit of relief under taking to M/s. Calcutta Electric Lamp Works Ltd., is due to expire on 13th December 1986.
(2.) The appellants filed a writ application challenging the State Government Notification under section 3 of the West Bengal Act XIII of 1972 declaring the Respondent No. 4, Company as a relief undertaking and also the notifications extending under proviso to section 3 the said notification. They have also challenged the State Government notifications under section 4 giving directions, inter alia, that operation of all contract, assurances of property, agreement, etc. applicable to the said undertaking before the date of the notification under section 3 of the Act shall remain suspended including stay of their eviction suit against the undertaking mentioned above. We have mentioned that upon an application made by M/s. Calcutta Electric Lamp Works Ltd. the defendant in Title Suit No. 82 of 1979, the learned Subordinate Judge has already stayed the further proceeding in the said suit.
(3.) The learned trial Judge summarily rejected the writ application filed by the appellants. They have now filed the present appeal under Clause 15 of the letters patent against summary rejection of their writ application. Notices of this appeal were directly served upon the respondents. The State Government has not filed any affidavit-in-opposition but has produced the original records relating to the declaration of the Respondent No. 4, Company as a relief undertaking under West Bengal Act XIII of 1972.;