Arindam Mukherjee, J. - (1.) The appeal is at the instance of the writ petitioners who are nineteen in number. The appellants claim that each one of them have been allotted separate plots of land (that is nineteen in number) with the permission to construct structure to operate as stalls at Kshanika Market of New Digha Township (hereinafter referred to as the said 'market') by the Governor of West Bengal through the Administrator, Digha Development Scheme, Development & Planing Department, Government of West Bengal (hereinafter referred to as the said 'Administrator'). The records reveal that separate documents termed as "Agreement for Allotment of Land at Digha Kshanika Market" has been entered into by and between the appellants and the said Administrator. The terms of each of the said nineteen agreements are identical. The relevant terms of the said agreement are set out hereinunder:- "1) The Governor doth hereby give and grant leave and license to the licensee to use and occupy the land hereinafter mentioned and described in the Schedule hereinunder written for the purpose hereinafter expressed on renewals license basis which land shall be vacated by the licensee in the event of leaving provided. 2) That the date/or commencement of this license will be the date of these presents. 3) That the licensee shall at his own costs and expense construct structure on the land mentioned for the purpose of carrying on business according to the approved design of the Govt. and any deviation from the approved design shall make the structure liable for removal and decision of the Administrator, Digha Dev. Scheme and special officer, Dev. & Planning, Deptt. in this respect shall be final and binding upon the licensee. 7) That when any question of termination occurs, the license will be terminable at any time on fifteen days notice an either side expiring with the end of the month of license. 9) That the licensee shall sell permitted articles in good, fresh and acceptable condition and quality and shall not sell goods of such quality which are objected to by the members of public or Government and in case of dispute, the decision of the Administrator shall be final and binding. 10) The licensee shall pay all rates, taxes or other impositions as may from time to time be imposed or be payable by the occupier of the land. 12) That the licensee shall not add to or alter any part of the structures or keep any open even in the premises without securing written permission of the Administrator, Digha Dev. Scheme and Spl. Officer, Dev. & Planng. Deptt. 18) That the licensee shall submit a statement of expenditure towards construction of his structure and the said statement be duly authenticated by Govt. Engineer as selected by the Govt. and whoever file to submit such account within six months from the date of completion of the structure thereof shall be deemed to incur expenditure at a standard cost of construction as determined by the Govt. 21) That the license will be initially for three years and after three years from this date, this agreement will automatically stand cancelled. The marketing arrangement as a whole and the market place will of course remain unchanged. 23) That if both the parties so intend, the license may be renewed at the expiry of the term of this Agreement. But in case of renewal, a fresh Agreement will have to be executed at the cost of the licensee.
(2.) The appellants say that each of them have constructed shop rooms at their own expense on the land so allotted to each one of them after obtaining permission of the local Panchayat and approval of structure from DighaSankarpur Development Authority (hereinafter referred to as the said Authority) . After constructing the shop rooms the appellants had been carrying on business by selling the permitted articles in terms of the agreement since last two decades. The appellants were all on a sudden served with a notice sometimes around 23rd November, 2017 by the Executive Officer, Digha-Sankarpur Development Authority and Special Officer, U.D. (T&CP) Deptt. by which their respective licenses were terminated as per Clause 21 of the agreement. The appellants by showing the agreement executed on 6th September, 2006 and 11th July, 2012 contends that the license had been initially granted for three years and thereafter renewed from time to time and objects to the assertions in the notice that the validity of agreement in respect of each of such plots have lapsed since 2011. The appellants allege that the agreement executed in 2012 is valid for a period of three years and, as such, could not have lost its validity in 2011 as alleged in the notice dated 23rd November, 2017. It further appears from the allegations made in the notice dated 23rd November, 2017, that stalls have been constructed encroaching upon the Government land more that the allotted area, the appellants have been running business other than the purpose in the agreement and creating nuisance in the adjacent area. The notice also holds that the appellants being the allottees are unauthorised occupier and thereby were directed to remove their respective structure within 30th of November, 2017. Challenging the said notice, the appellants approached this Court by invoking the writ jurisdiction under Article 226 of the Constitution of India, inter alia, seeking cancellation of the said notice dated 23rd November, 2017. The prayers made in the writ petition are set out hereinunder for convenience. a) A Writ of mandamus may be issued to cancel, rescind, quash and or set aside the notice dated 23.11.2017 issued to the Shop Owners by the Respondent No.6. b) A writ in the nature of certiorari to transmit the records for consideration of the Hon'ble Court. c) A Writ in the nature of prohibition restraining the Respondent Authorities and/or their men and Agent from demolishing the nineteen shops in Kshanika Market at New Digha. d) An order of injunction restraining the Respondent Authorities and/or their men or agents from demolishing any shops or structures at Kshanika Market New Digha or taking any further steps pursuant to or in execution of the impugned notice dated 23.11.2017 passed by Respondent No.6 till disposal of this Writ Petition. e) Ad-interim order of maintaining status quo in respect of nineteen shops of the Writ Petitioners in Kshanika Market at New Digha. f) Ad-interim order of stay operation of the notice dated 23.11.2017 issued by the Respondent No.6 till disposal of this Writ Petition. g) Pass such further order or records as the Hon'ble Court may deem fir and proper.
(3.) The learned Single Judge after calling for a report in the form of an affidavit from respondent no. 6 in the writ petition and permitting the appellants/writ petitioners to use a reply to the same dismissed the writ petition holding as follows:- "Having heard the parties and considering the materials placed, this Court, is of the view that the submissions made on behalf of the Respondent/Authority to the effect that the licences have long expired are required to be noticed. This Court is further satisfied that in the facts of this case the principle of natural justice cannot be treated as a strait-jacket formula. Accordingly, the writ petition is not detained any further. Affidavits are not invited. Allegations are deemed to have been denied. The Report on Affidavit is taken on record. WP No. 29242 (W) of 2017 stands accordingly dismissed.";