Calcutta High Court
AGA/1/2026 of M/S. BALAJI CONSTRUCTION Vs THE ADMINISTRATOR GENERAL OF WEST BENGAL on 20 July 2026
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION AGA/1/2026 M/S. BALAJI CONSTRUCTION VS THE ADMINISTRATOR GENERAL OF WEST BENGAL BEFORE: The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 20th July, 2026 Appearance: Mr.Mukteswar Maity, Adv. Ms. Manika Sarkar, Adv. For the
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O-11. ORDER SHEET
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION
AGA/1/2026 M/S. BALAJI CONSTRUCTION VS THE ADMINISTRATOR GENERAL OF WEST BENGAL
BEFORE: The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 20th July, 2026 Appearance:
Mr.Mukteswar Maity, Adv. Ms. Manika Sarkar, Adv. For the petitioner Mr. Indranil Nandi, Adv. Mr. Sayak Konar, Adv. For the respondent
The Court :- Supplementary affidavit filed by the applicant is taken on record. After hearing the parties and considering the materials on record, including the supplementary affidavit filed by the plaintiff in Court today, I do not find any merit in the application for the reasons stated herein below. The property in question belonged to the State of Bihar and subsequently to the State of Jharkhand. This property was leased out to Mohammad Azizul Haque under a registered deed of lease dated 12th March, 1951. The lease was to expire in 1978. The lease deed provided for an option of renewal prior to expiry. After the death of the original lessee, the residual lease-hold interest became part of his estate but there was no request as per the Administrator General of West Bengal for further extension of the lease or
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execution of fresh lease deed by the family members and legal heirs of the original lessee who had by that time died. The property, therefore, is no more a part of the estate as contended by the Administrator General, West Bengal since the same was resumed by the State of Bihar presently State of Jharkhand after expiry of the lease hold period. The petitioner is seeking to take the said property on lease by contending that the lease is still in subsistence on having been extended. The document annexed to the supplementary affidavit apparently does not demonstrate the continuance of the lease. Furthermore any lease to be granted by the Administrator General, West Bengal is required to be made by public auction with the leave of the Court. No lease can be executed privately or without by wide publicity inviting best offers and approved by Court. In such facts and circumstances, this Court is also not inclined to go for granting lease of the property in question through public auction or through any other mode. The application is, accordingly, dismissed.
(ARINDAM MUKHERJEE, J.)
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