August 14, 2026 (25) ARDR WPA 18367 of 2026 Utpal Bhattacharya Vs. The State of West Bengal & ors. Adv. Sarwar Jahan, Adv. Asrat Mondal, Adv. Tushar Sil, Adv. Shalini Sen, Adv. Sahina Parvin, Adv. Soumyajit Roy Chowdhury, Adv. Aritra Ranjan Dutta Roy, …for the petitioner. Adv. Sourav Sengupta, Adv. Prity Panja, …for the State. Affidavit of service filed by the petitioner is taken on record. The Zilla Parishad and the Panchayat Samiti are not represented despite service. Learned counsel for the petitioner submits that by virtue of a letter of lease order issued by the Executive Officer, Karimpur I Panchayat Samiti on 31st October, 2023, the petitioner was granted lease of Sadvab Mancha and Lalan Mancha at Karimpur Kishan Mandy with effect from 3rd October, 2023. Clause 11 of the document reads that the contract agreement will be valid for an initial period of 01 year with an early increment of ten per cent in rent. Upon satisfactory fulfillment of the authority the lease may be extended for a period of maximum twenty-five years by the Executive Officer, Karimpur I Panchayat Samiti. The Executive Officer may cancel this agreement by one month’s notice to the agency. Clause 12 says that the authority concerned shall reserve every right to terminate 2 the lease agreement at any point of time on failure of fulfillment of the above mentioned terms and conditions. This will be valid for one year with effect from 3rd October, 2023 and every year renewal will be submitted at least fifteen days prior to lapse of existing agreement with prior permission of the Executive Officer, Karimpur I Panchayat Samiti. The petitioner submitted an application for renewal of the lease on 21st November, 2024 and continued with the lease. The lease was not formally renewed. After expiry of another year, similar application for renewal was submitted by the petitioner on 16th October, 2025 and the petitioner continued with the lease. By a letter issued on 10th July, 2026, the Executive Officer of the Panchayat Samiti informed the petitioner that since the lease expired on 20th October, 2025 and the lease agreement was not extended thereafter, the lease was cancelled on and from 10th August, 2026 as per resolution taken by the Artho Sanstha Unnayan O Parikalpana Sthayee Samiti on 7th July, 2026. Learned counsel submits that the applications for renewal of the lease were submitted before the authority every year and the petitioner was permitted to continue with the lease till 10th August, 2026. No reason has been assigned by the authority for cancellation of such lease, more so, since the petitioner sent lease rent to the authority by cheque on 21st November, 2024. The petitioner seeks a direction upon the authority to revisit the issue upon granting him an opportunity of hearing. 3 Learned counsel for the State submits that the petitioner has not submitted the applications for renewal of the lease in terms of Clause 12 of the lease agreement. Though the authority allowed the petitioner to continue with the lease till 10th August, 2026, it was terminated in terms of Clause 12 of the agreement. The authority was well within its rights to terminate the lease on the ground of non renewal of the same within the stipulated time frame. I have considered the rival contention of the parties. It is a fact that the lease agreement required the petitioner to submit the application for renewal at least fifteen days prior to lapse of the existing agreement. Both the applications submitted by the petitioner for renewal of the lease were beyond the said time period. At the same time, though the lease of the petitioner was not formally renewed, he was allowed to continue with the lease till 10th August, 2026. Such conduct of the authority amounts to acquiescence on his part. The order cancelling the lease was passed without granting opportunity of hearing to the petitioner. In view of such anomalies/irregularities observed by this Court, the letter impugned dated 10th July, 2026 cancelling the lease agreement is required to be set aside. Accordingly the said letter is set aside/quashed. The Executive Officer, Karimpur I Panchayat Samiti, being the 10th respondent herein, is directed to revisit the issue upon granting reasonable opportunity of hearing to the petitioner 4 and take a reasoned decision within four weeks from the date of communication of this order. The decision taken by the authority shall be communicated to the parties within a week thereof. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)