Jayanta Kumar Biswas, J. - (1.) The petitioner in this writ petition dated April 11, 2008 is aggrieved by the decision of the O.S.D. & E.O. Deputy Secretary, Urban Development Department, Government of West Bengal dated October 9, 2007, Annexure P17 at p.49.
(2.) The decision was given regarding the petitioner's request for permission to transfer the leasehold of his plot no. JC-25, Sector-III, Bidhannagar. The decision reads as follows: "In response to your letter dated 23.07.2007 on the subject noted above I am directed to inform you that after careful consideration of the matter the Govt. in the U.D. Deptt. regrets to accept your proposal for transfer of the Plot No. JC-25, Sector-III of Bidhannagar in favour of Saltee Marketing & Distribution Pvt. Ltd. as the transferee company intends to utilise the plot of land for accommodation of the I.T. Professionals which hardly be considered as commercial purpose for utilisation of the plot of land. This proposal also does not attract the relevant provisions of Notification No.1721-UD & No.1722-UD both dated 6th May,'05."
(3.) The plot in question was leased out to the petitioner by the state Government under a registered instrument dated March 21, 2002. As will appear from the instrument, Annexure A at p.10 of the reply, the plot was leased out "to erect a building thereon for use for the purpose of Commercial establishment for dealing in tea". Clause 8 of the agreement creating the lease provides that the lessee "shall not assign or transfer the demised land or any part of the demised land and/or structure erected thereon without the previous permission of the Government in writing". The Government issued two notifications both dated May 6, 2005, Annexures P4 and P5 at pp.31 and 33 respectively, stating that on fulfilment of the conditions mentioned therein a lessee such as the petitioner would be entitled to transfer the leasehold of his plot to others.;