Calcutta High Court (Appellete Side)
Sujit Kumar Pal And Others vs State Of West Bengal And Others on 16 September, 2011
Author: Soumitra Pal
Bench: Soumitra Pal
1
16. 9 . 2011
W.P. 15384(W) of 2011
Sujit Kumar Pal and others
Versus
State of West Bengal and others
Mr. K.N. Jana,
..for the petitioners.
Mr. Protik Prokash Banerjee,
..Junior Standing Counsel.
Mr. Ayan Banerjee,
..for State.
Affidavit of service filed today be kept on
record.
In the writ petition the petitioners have prayed
for a direction upon the respondents particularly on
the Land Manager, OSD and Ex-Officio Deputy Secretary, Department of Urban Development, Government of West Bengal and on the Deputy Secretary, Department of Urban Development, Government of West Bengal, Sech Bhawan, Salt Lake City, Kolkata, the respondent nos. 3 and 4 respectively, to mutate their names in respect of the 2 property situated at plot no. BH-168, Sector II, Salt Lake City, Kolkata - 700091.
It appears that by virtue of a deed of lease dated 10th October, 1985, one Sidhartha Kumar Mittra, since deceased, became the lessee and State of West Bengal was the lessor. Said Sidhartha Kumar Mittra, since deceased, executed a Will on 4th August, 1999 and in the said Will the petitioners were appointed as joint executors and beneficiaries. Sidhartha Kumar Mittra expired on 11th December, 2004. Thereafter, it appears that the petitioners applied for probate and probate was granted. After probate was granted the petitioners on 30th November, 2009 applied for mutation before the respondent no.3. Since no steps were taken, a notice demanding justice on behalf of the petitioners was filed on 26th May, 2011 by the learned advocate. According to the petitioners, since the representation and the letter demanding justice were not answered, this writ petition has been filed.
Learned advocate appearing on behalf of the 3 petitioners submits that in view of the statements made in the writ petition, appropriate orders may be passed directing the authorities to mutate the property in the name of the petitioners.
Mr. Protik Prokash Banerjee, learned Junior Standing Counsel on behalf of the State submits that the petitioners are not entitled to be the allottees since the Will purports to do an act which the testator could not do during his life time and it is a fraudulent and sham Will. According to him, it is a sale in disguise.
Having heard the learned advocates for the parties considering the facts and circumstances of the case, the writ petition is disposed of by directing the respondent nos. 3 and 4 to dispose of the representation dated 30th November, 2009 for mutating the said property in the names of the petitioners by passing a reasoned order within eight weeks from the date of presenting a copy of the certified copy of this order after giving an opportunity of hearing and after verifying the records and after 4 causing an inspection of the said premises.
In view of the submission made by the learned advocate for the State, the Joint Secretary, Department of Urban Development, Bidhannagar, Salt Lake City, Kolkata, the respondent no.2 is at liberty to determine the lease by passing a reasoned order within eight weeks from the date of presenting a copy of the certified copy of this order after giving an opportunity of hearing to the petitioners.
I make it clear that I have not gone into the merits as to whether the petitioners should be granted mutation or regarding determination of the lease.
It is made clear that the respondent nos. 3 and 4 are at liberty to proceed with the matter regarding grant of mutation and shall pass reasoned order but it shall be subject to the outcome of the order passed by the respondent no.2. I make it clear that I have not gone into the merits of the case and all points are left open to be dealt with by the respondent nos.2, 3 and 4. 5
Since the writ petition is disposed of at the stage of admission without calling upon the respondents to file affidavits, allegations made are deemed not to have been admitted by them.
No order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the appearing parties on priority basis.
(Soumitra Pal, J. )