Arindam Mukherjee, J. - (1.) This appeal is at the instance of the writ petitioners. The writ petitioners are the five trustees of Raghunandanlal Sumitra Devi Educational Trust (hereinafter referred to as the said 'trust'). The respondent nos. 1 to 5 in the appeal as well as in the writ petition are the Fisheries Department of the State of West Bengal and its different officers. Respondent No. 6 is the West Bengal Fisheries Corporation. The respondent no. 7 is a company established for the purpose for setting up a college and for promotion of technical education for medical science, management studies etc.
(2.) The appellants say that by a registered indenture of lease dated 26th May, 2010 entered into by and between the Fisheries Department, Government of West Bengal and the said trust represented by the appellants, a plot of land measuring about 12.61 acres at Ramnagar, Purba Medinipur with an unfinished super structure (hereinafter referred to as the said plot of land) was leased out to the appellants by the Fisheries Department for a period of 99 years at an yearly lease rent of rupees five lakhs only for the purpose of setting up an educational institute with hostels etc. Immediately thereafter, the said trust through the appellants were put into possession of the said plot of land and were in settled possession thereof till the time hereinafter mentioned. The appellants had also deposited three cheques of rupees five lakhs each towards lease rent for the year 2010-11, 2011-12 and 2012-13. Out of the three cheques one cheque for rupees five lakhs towards lease rent for the year 2010-11 was encashed by the respondent/Fisheries Department. The other two cheques were lying unencashed with the department. Thereafter, the appellants have invested substantial sum of money for executing the ground work before setting up of an educational institution with ancillary facilities.
(3.) According to the appellants, the Fisheries Department by a letter dated 11th July, 2013 communicated the following:- "in inviting you kind attention to the above mentioned reference and subject, the undersigned is directed to inform you that as per decision taken by other related Departments, this department has been advised to take immediate action for cancellation of the Lease Deed already executed to this effect and request you to report to this deptt. and receive back the two nos. of cheques each amounting to Rs. 5 lakhs that had been deposited as Lease rent for the year 2011-12 & 2012-13 (though the encashment period of both cheques have lapsed) and acknowledge the same at the earliest.";