Midas Technosystem Pvt. Ltd. And ORS. v. State Of West Bengal And ORS.

29.07.2025 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 11118 of 2025 Midas Technosystem Pvt. Ltd. & Ors.

-versus The State of West Bengal & Ors.

Ms. Ananya Neogi.

... For the petitioners.

Mr. Suman Sengupta.

... For the State.

1.

The petitioners claim to be sub-lessees of one Shri Pawan Kumar Churiwal who obtained lease of certain land from the Government. The lease with Churiwal stood terminated by the State.

2.

The petitioners submit that the petitioners invested huge sum of money in setting up of Software Company at the subject plot of land.

3.

The petitioners seek to enter into direct agreement with the State Government.

4.

The petitioners pray for a direction upon the State respondents to allow the petitioners to carry on business in the lease property.

5.

From the submission made on behalf of the petitioners, it appears that the petitioners do not have any privity of contract with the State. The petitioners paid money to one Shri Churiwal who allegedly had an agreement with the State Government. The subject agreement stood terminated by the State.

6.

None of the rights of the petitioners, far less fundamental rights, appear to have been infringed by the State. The petitioner may have private dispute with the lessee of the land. In the absence of breach of

fundamental right, the writ petition cannot be entertained.

7.

In view of the above, no relief can be granted to the petitioners in the instant writ petition. 8.

The writ petition fails and is hereby dismissed.

9.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)