Arijit Banerjee, J. - (1.) The primary prayer in WP 25082 (W) of 2013 is for a mandamus directing the respondents to rescind/cancel/withdraw the deletion of names of the petitioners and inclusion of the name of the respondent no. 3 at serial nos. 16, 17 and 18 of the Award dated 3 December, 2008 in LA Case No. 2/1/08-09, by virtue of the Collector's order dated 14 September, 2012. The material facts of the case are as follows.
(2.) The petitioner nos. 1 and 2 ("the petitioners" in short) were the owners of land measuring about 34.83 acres situated at Mouza Kulai, District Howrah (in short "the said land"). They came across an advertisement issued by the Respondent No. 2(hereinafter referred to as 'NBCC') in the newspapers expressing its interest to develop Real Estate Project in West Bengal by forming a partnership firm with parties having consolidated and contiguous land on 50:50 joint venture basis. The petitioners approached NBCC which agreed to set up the Real Estate Project on the said land of the petitioners. It was agreed that a partnership agreement would be executed by and between the parties for such development.
(3.) A Memorandum of Understanding dated 5 October, 2007 was entered into by and between the petitioners and NBCC. Pursuant thereto, a partnership deed dated 9 October, 2007 was executed by and between the petitioners and NBCC.;