Harish Tandon, J. - (1.) The facts pleaded in the writ petition and the reliefs claimed therein creates no impediment on the High Court to entertain the writ petition, but, it took different turn because of the defense taken in the affidavit-in-opposition by the respondents inviting the High Court to rule upon whether it shall proceed to determine the same despite embargo created under another statue.
(2.) To have more clarity on the above statements, the salient facts are required to be adumbrated hereinafter:-
(3.) The petitioner challenged the notice issued by the respondent no. 2 on 11th August,2010 which was duly published in a daily newspaper, Economic Times, inviting applications from intending individual enterprises for developed space to be used for housing industrial units including light engineering units, IT & IT enabled services, food processing or any other non-polluting industrial end usages. The petitioner claimed ownership in respect of the plot of land measuring .96 decimals comprised in Dag Nos. 517,518 and 519 appertaining to J.L No. 34, Khatian No. 21, R.S. No. 6 , Touzi No.56, Mouza Bade Raipur, Police Station- Jadavpur, DistrictSouth 24-Parganas. The facts, so unferred, would reveal that one Dr. Kumud Nath Ghosh purchased the aforesaid plot of land on the basis of a deed of conveyance duly executed and registered on 5th December, 1933 in the office of the District Sub- Registrar 24- Parganas at valuable consideration. The said owner, prior to his death, made and published his Last Will and Testament dated 30th April, 1948 bequeathing his estate unto and in favour of his two sons namely Chitta Ranjan Ghosh and Satya Ranjan Ghosh. The said will was duly probated by the District Delegate at Alipore in Probate case no. 26 of 1948. A deed of lease was executed by the aforesaid two sons on 31st July, 1954 in favour of Krishna Cilicate and Glass Works Limited for a period of 25 years. Subsequently, the said deed of lease was terminated and a fresh lease was granted in favour of the said lessee on 14th October, 1958 for a period of 99 years and was duly registered in the office of Sub-Registrar, Alipore Sadar on 15th October, 1958. It was stipulated in the said deed of lease that the said lessee shall pay the lease rent of Rs.500/- ( Rupees Five Hundred ) only per month for initial period of five years which shall be enhanced to Rs. 600/- ( Rupees Six Hundred ) only per month for rest period of the lease. The said lease deed contained the forfeiture clause and right of re-entry was reserved to the lessors in the event of default in payment of rent for consecutive two months or on breach of any of the terms and conditions embodied in the said lease deed. The lessee defaulted in payment of lease rents and the lessors upon forfeiture of the lease instituted Title Suit No. 154 of 1971 in the Court of 4th Munsif at Alipore and was decreed exparte on 17th February, 1972. It is not in dispute that the aforesaid lessors could not execute the said decree for recovery of possession and allowed the lessee to remain in possession thereof.;