Authority: Calcutta High Court (Civil Appellate Jurisdiction)
Order Date: 25 September 2026
Case Overview
- Parties: Appellants – State of West Bengal & others; Respondent – Bartaman Magazines Pvt. Ltd. (and associated entities). The dispute centres on lease of plot DK‑03, Sector‑2, Salt Lake, and sub‑leasing to Aditya Birla Sun Life Insurance Co. Ltd., Max Life Insurance, Concord Diagnostic Center, and Lumina Health Center.
- Background: A lease deed dated 25 November 2021 (31.3162 cottahs, plot No. 18/9, D.D Block, Sector 1, Bidhan Nagar) is an unregistered month‑to‑month tenancy. Clauses 2(7)‑2(9) prohibit sub‑letting or assignment without written Government consent. The Government issued show‑cause notices on 23 June 2026 and 7 July 2026 alleging breach of these clauses and demanding remedy within three days.
- The Single Judge, on 21 July 2026, issued an interim order restraining the respondents from eviction until 15 September 2026. The State appealed, contending the matter is a commercial dispute under the Commercial Courts Act, 2015 and that the writ court exceeded its jurisdiction under Article 226.
- The Advocate General for the State submitted the lease deed, correspondence, and argued that the notice to vacate the 5th‑floor unit occupied by Aditya Birla Capital was lawful under Section 106 of the Transfer of Property Act, and that the lease breach justified re‑entry.
Final Outcome
- The appellate bench (Justices Shampa Sarkar and Arjun Ray Mukherjee) set aside the impugned interim order, holding that the dispute is a private contract matter outside the scope of Article 226 writ jurisdiction.
- The court affirmed the lessor’s right to re‑enter upon breach, provided proper notice under the Transfer of Property Act is served.
- The matter is remitted to the learned Single Judge to determine the writ petition on its merits after exchange of affidavits.
Topics: Lease Dispute, Writ Jurisdiction