R. K. Bag, J. - (1.) The petitioners have filed this application under Article 226 of the Constitution of India challenging the order dated December 28, 2016 issued by the respondent no.4 (Annexure 'P-16' to the writ application), by which the lease of the land measuring 4.4002 cottahs in Plot AE-357, Sector-I, Salt Lake is cancelled under Clause 4 of the terms of lease deed and the petitioner no.1 is directed to hand over physical possession of the said land in favour of the respondent no.4 within a period of 15 days from the date of issuance of the letter, failing which the Government of West Bengal will re-enter into the possession without further reference.
(2.) The backdrop of the present writ application is as follows:-
(3.) One Biva Rani Dasi, mother of the petitioner no.1 and grandmother of the petitioner no.2 acquired 4.4002 cottahs of land in plot no.357, Block-AE, SectorI, Salt Lake as lessee by virtue of execution of deed of lease by Government of West Bengal on May 3, 1974, on the basis of the terms and conditions incorporated in the said lease deed. On January 6, 1976 the said Biva Rani Dasi took over physical possession of the land in question. However, the building was not constructed on the said land by the original lessee Biva Rani Dasi within a period of 3 years from the date of taking over physical possession of the land as laid down in clause 2(6) (a) of the terms of the lease deed.;