- (1.) THIS mandamus-appeal is at the instance of the writ-petitioners and is directed against order dated September 24, 2008 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ-application filed by the appellants at the very initial stage, even before inviting affidavit from the respondents, on the ground that the dispute involved in the writ-application is a disputed question of fact which cannot be adjudicated by the Writ Court without allowing the parties to lead oral evidence. The learned Single Judge, however, gave liberty to the writ-petitioners to avail of the normal remedy provided under law.
(2.) BEING dissatisfied, the appellants have come up with the present appeal.
(3.) THE appellants filed an application under Article 226 of the Constitution of India before this Court on September 11, 2008 thereby praying for recalling, rescinding and withdrawing the decision of the Kolkata Port Trust contained in the notice dated August 19, 2008, being Annexure P-15 to the writ-application, and for allowing the petitioner no. 1 to take possession of the land in question for the purpose of construction and operation of container freight station for handling containers exported/imported through the Kolkata Dock System. The other consequential relief were also prayed for in the said writ-application. The thus: the Kolkata Port Trust, the respondent before us, floated a tender for allotment of land at Sonapur Road on lease of 15 years for construction and operation of container freight station for handling containers exported/imported through Kolkata Dock System. The appellants participated in the said process of tender by depositing the earnest money of Rs. 12 lakh and ultimately, by a letter dated April 24, 2008, the Port Trust Authority chose the writ-petitioner no. 1 as the successful bidder and confirmed the grant of long-term lease of 15 years on a plot of land at Sonapur Road being an area of 66,939. 287 sq. mtrs. by fixing the base rate of rent at Rs. 4,030. 80p. per 100 Sq. mtrs. a month. Such rate was arrived at by enhancing the base rate of rent quoted by the writ-petitioner no. 1 amounting to Rs. 3,359/- plus additional 20% under clause 24 of the tender-conditions.;