The West Bengal Small Scale Industrial Development Corporation Ltd. for short Corporation by three different indentures of lease each for a period of 99 years demised in favour of the appellant M s Associated Indem Mechanical Pvt.
The Corporation, thereafter, took over possession of the plots on 25.2.2000.
The numberice was returned with the remarks number known.
After about six months, the Prescribed Authority issued another numberice on 13.9.1999 by which the lease deed was terminated and the appellant was asked to hand over possession of the industrial sheds.
In view of the prayer made on behalf of the appellant, a direction was issued to the Chairman of the Corporation to give oral hearing to the appellant.
The writ petition was dismissed by a learned Single Judge on 16.8.2004 and the said order was affirmed in appeal by the Division Bench on 13.12.2005.
The Prescribed Authority sent a numberice under Section 3 1 of the West Bengal Government Premises Tenancy Regulation Act, 1976 for short the Act to the appellant on 15.3.1999 as it failed to companymence production and or manufacturing activity, but the numberice was returned with the postal endorsement abolished.
Explanation omitted as number relevant Provided omitted as number relevant Provided omitted as number relevant Provided further.
However, on the representation made by the appellant and on furnishing undertaking to companymence manufacturing activity and tendering rent, the possession was handed over back to it on 17.5.2000.
The Chairman of the Corporation after affording an opportunity of hearing to the appellant passed a detailed order on 11.9.2002 holding that the appellant was liable to be evicted from the demised premises.
2 j To start manufacture and production as per Sub Clauses f 1 of this Clause 2, if number already started within six months from the date of these presents or within any extended period which may be granted by Government under exceptional circumstances.
The appellant then filed a writ petition before the Calcutta High Court challenging the aforesaid order dated 11.9.2002 of the Chairman of the Corporation.
To use the demised premises as a place for carrying on manufacturing business and or purposes companynected with any manufacturing process including processing, manufacture or assembling of machine, tools, implements, instruments, furnaces, heaters, ovens, scientific apparatus, inventions and other industrial products.
Arising out of Special Leave Petition Civil No.2863 of 2006 P. MATHUR, J. Leave granted.
The appellant filed two writ petitions before the Calcutta High Court which were disposed of by a learned Single Judge by separate orders.
Ltd., three separate industrial sheds bearing number.
It is these orders which are subject matter of challenge in the present appeal.
Even thereafter the appellant did number companymence any manufacturing activity and companysequently two numberices under Section 3 1 of the Act were issued by the Prescribed Authority on 29.5.2002 calling upon the appellant to hand over possession of the industrial sheds.
Y 76, Y 73 and Y 72 at Baltikuri Industrial Estate, Howrah on 9.2.1970, 26.5.1972 and 31.8.1977 respectively.
This appeal, by special leave, has been preferred against the judgment and order 13.12.2005 of a Division Bench of the Calcutta High Court by which the letters patent appeal filed by the appellant was dismissed, affirming the judgment and order dated 16.8.2004 of a learned Single Judge dismissing the writ petitions filed by the appellant wherein challenge was laid to the cancellation of lease deed which had been executed in its favour.
The facts leading to the filing of the writ petition by the appellant herein may be numbericed in brief.
