Chittosh Mookerjee, J. - (1.) The Commissioner of Dum Dum Municipality have constructed a Municipal Town Hall with municipal funds and also with financial assistance of the Calcutta Metropolitan Development Authority. The Commissioners had thereafter issued advertisement inviting offers for taking lease of the said Town Hall for staging theatrical performances or exhibiting cinema shows. Several offers were received in response to the said advertisement. The Commissioners of the Municipality at a meeting held on 8th June, 1975 purported to consider the said offer and further decided to accept the offer of Sri Nikhilesh Ghosh for the lease of the said Town Hall for exhibiting cinema shows at an annual rent of Rs. 50,000/- payable in advance by monthly instalments for 5 years with the option for renewal for three more such terms at an enhanced rent of 10% for each successive term. The Commissioners authorised the Chairman to enter into an agreement incorporating the points discussed in the meeting dated 8th June, 1975.
(2.) On June 26, 1975 and Indenture of Lease between the Commissioners of Dum Dum Municipality represented by their Chairman of the one part and Sri Nikhilesh Ghosh of the other part, was executed purporting to demise and lease out the said Town Hall to Nikhilesh Ghosh for a term of 5 years with option for renewal for three successive terms pursuant to the aforesaid resolution of the Commissioners of the said Municipality.
(3.) Sanatan Roy, who is the appellant in F.M.A. No. 180 of 1979, filed a writ petition inter-alia praying that the said resolution of the Commissioners of Dum Dum Municipality dated June, 8, 1975 be cancelled and the respondents be prohibited from giving any effect or taking any steps in pursuance of the said resolution dated June 8, 1975. The said petitioner also prayed that the licence for permanent cinema shows granted by the District Magistrate, 24-Parganas in favour of the respondent No. 7 be also cancelled and/or withdrawn.;