- (1.) INSTANT appeal has been preferred at the instance of the state of West Bengal and other senior officers of the Urban development Department, Government of West Bengal challenging the final decisions of the learned Single Judge in the writ petition filed on behalf of the respondents herein.
(2.) THE appellants herein challenged the judgment and order passed by the learned Single Judge on various grounds mentioned in the Memorandum of Appeal although at the time of hearing of the appeal learned Counsel representing the appellants urged only one issue before this court that the learned Single Judge should not have held that the decision of the Principal Secretary, Urban development Department as recorded in the note dated 18th November, 2006 for reviewing the earlier decision of the Government of West bengal dated May 19, 2006 cannot be regarded as personal views of the said Principal Secretary and the same should be regarded as the decision of the Government of West Bengal.
(3.) ON examination of the various documents available before this court we find that by an instrument dated September 10, 1985 the government of West Bengal leased out the concerned plot to the respondents for setting up the small-scale industry for the purpose of manufacturing spice and curry powder. However, the said industry was not set up and the allottee requested the concerned authority of the Government of West Bengal to allow the change of use of the allotted plot for the purpose of constructing a hotel. The appellant No. 3 by a written communication dated 1st September, 2004 informed the respondents/writ petitioners regarding approval of the change of use of the plot in question for the purpose of setting up a hotel subject to submission of certain documents.;