Jayanta Kumar Biswas, J. - (1.) THE petitioner in this writ petition dated July 21st, 2006 is seeking a writ of certiorari quashing the decision of the first respondent to transfer, assign and hand over possession of flat No. 13 (with garage and servant's quarters) at 8, Ho Chi Minh Sarani (first floor), Kolkata - 700 071 to the second respondent (Brahmaputra Valley Fertilizer Corporation Ltd.). She is also seeking a writ of mandamus commanding the respondents to cancel that decision of the first respondent. A writ of prohibition has also been sought.
(2.) THE first respondent was inducted in the property (the parties have not said when it was inducted) as a tenant governed by the provisions of the West Bengal Premises Tenancy Act, 1956 (since repealed by the West Bengal Premises Tenancy Act, 1997). In 1992 it became a sick company within the meaning of the Sick Industrial Companies (Special Provisions) Act, 1985. The BIFR was of the opinion that it should be wound up. In appeal the AAIFR set aside the decision of the BIFR and approved a scheme for demerger of its Namrup unit as a separate company. Thus the second respondent came into existence on April 1st, 2002. The petitioner issued notice to the first respondent under the West Bengal Premises Tenancy Act, 1997, Section 20, dated September 3rd, 2003 intending to increase the rent of the premises from Rs. 2,000/ - per month to Rs. 18,000/ per month. Then she gave a Section 6(4) notice dated September 1st, 2005 terminating the tenancy of the first respondent and calling it upon to quit and vacate the property, and deliver vacant possession thereof to her. In such situation, the second respondent wrote a letter dated October 7th, 2005.
(3.) BY the letter dated October 7th, 2005 the second respondent informed the petitioner as follows: You are already aware that we are Govt. of India Undertaking formed out of demerger from the erstwhile Hindustan Fertilizer Corporation Limited as per the directives of Government of India. Till now the rent amount of Rs. 2000/ - p.m. has been paid by our mother organization M/s. HFCL. However, in the meanwhile you have demanded the applicable enhanced rent as per the West Bengal Tenancy Act, 1997 vide your letter No. NIL dated 03.09.2003 & 14.05.04 respectively. We are pleased to inform you that our Board of Directors have agreed to release the enhanced rent of Rs. 18000/ - p.m. & the Board of Directors of Hindustan Fertilizer Corporation Limited have also agreed to hand over the tenancy of Flat No. 13 at 8, Ho -Chi -Minh Sarani, 1st Floor, Kolkata - 700 071 to us and accordingly we have taken the possession of the said flat. Now we are enclosing herewith our cheque No. 889084 dated 07.10.2005 for Rs. 18000/ - (Rupees eighteen thousand only) towards the rent of month of October' 05 inclusive of Maintenance charge, Corporation Tax & Commercial surcharges. Kingly acknowledge receipt & confirm per return.;