- (1.) This appeal is directed against a judgment and order of the learned Single Judge dated 16th August. 2004 whereby and whereunder the learned Single Judge has dismissed the writ petition. The writ petitioner's grievance before the learned Single Judge was that the respondent authorities without due recourse to law has evicted the petitioner from a plot of land at J-52, Howrah Industrial Estate, Baltikuri, Howrah - 711105 (hereinafter referred as "the said premises"). The admitted position in that case was that a registered deed of lease dated 27th January, 1973 had been executed between the Government of West Bengal on the one hand and the writ petitioner on the other in respect of the said premises. The said premises was let out and/ or demised to the petitioner for the purpose of carrying on business for a period of 99 years commencing from 1st January, 1973. One of the terms and conditions contained in the said lease deed was that the lease is liable to be terminated in the event of breach of terms and conditions contained therein.
(2.) The relevant terms amongst others, which are necessary for the disposal of the present matter, are - To start manufacture and production as per sub-clause (f)(i) of this clause 2, (if not already started) within six months from the date of these presents or within any period which may be granted by Government under exceptional circumstances and to pay the reserved rents within the days and in the manner aforesaid. The petitioner lessee is to pay rent at the rate of Rs. 395.90 on account of pay rent at the rate of 9943.31 per year apart from the aforesaid annual rents. The petitioner/lessee is obliged to pay other charges. If the rent reserved or any part thereof shall remain unpaid for six months after becoming payable or if any covenant on the part of lessee herein contained shall not be used by the lessee for purposes mentioned in clause 2(f) hereof for a continuous period of six months then and in such event, it shall be lawful for the lessor or the Government at any time thereafter to determine the lease and to re-enter upon the demised premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine without prejudice to the rights of the lessor or the Government in respect of breach of the lessee covenants herein contained.
(3.) The writ petitioner/appellant contended that from time to time the rent was attempted to be paid, but their representatives were harassed and/or prevented from depositing the annual rent for the period from. July, 2000 till June, 2002 and thus compelled to deposit the lease rent in September, 2002 through Bank Draft for Rs. 9,943.31 being No. 881727 dated 25th September, 2002 drawn on Vijaya Bank in favour of the respondent No. 2. It was the contention of the writ petitioner that the writ petitioner has been carrying on business of manufacturing by assembling the parts and there is no stoppage of business activity. In spite of there being no default or breach of any convenant the respondents on 20th January, 2003 at about 11.30 a.m. all on a sudden entered the factory of the petitioner and pushed out the employees, men and labourer of the petitioner. According to the writ petitioner, this act and action on the part of the respondents is arbitrary, illegal and unauthorised. All the goods and articles were kept in the said factory under lock and seal of the respondents. As such the petitioner did not have any access to any of the documents to establish before the learned Trial Judge that there has been no fault or breach of the covenant of the said lease agreement.;