Calcutta High Court (Appellete Side)
In Re: Smt. Radha Pasari & Ors vs State Of West Bengal & Ors on 18 January, 2012
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8.1.2012
W.P. 21640(W) of 2011
In re: Smt. Radha Pasari & Ors.
Vs.
State of West Bengal & Ors.
Mr. Rajdip Ray ... for the petitioners
Mr. Pradumnya Sinha
Mr. Srijib Chakraborty ... for the Bidhannagar
Municipality
Mr. Asit Kr. Dutta ... for the State
Let affidavit of service filed pursuant to the directions contained in the order dated 20th
December, 2011 be kept on record.
In the writ petition, the petitioners have prayed for a direction upon the respondents,
particularly on the Land Manager, Officer on Special Duty and Ex-Officio Deputy Secretary,
Government of West Bengal, Department of Urban Development, Kolkata, the respondent no.2, to
mutate their names with regard to Plot No.46 in Block-BG of Sector-II, Salt Lake City. It has been
stated that one Pradesh Kumar Nandi was the lessee of the said plot of land and the Government of
West Bengal was the lessor. The original lessee had constructed a two storied building on the said
plot. Thereafter, the original lessee had executed his last Will and Testament on 5th July, 2000
appointing Biswanath Pasari as the executor. The original lessee expired on 28th December, 2000.
After the expiry of the original lessee, Biswanath Pasari filed an application for probate of the said
Will before the learned District Delegate, North 24-Parganas at Barasat being Misc. Case No. 39 of
2008 (Probate) and probate was granted on 2nd September, 2008. According to the petitioners, after
probate was granted and the property devolved on the petitioners, on 12th December, 2009
Biswanath Pasari applied for mutation before the respondent no.2. Thereafter, Biswanath Pasari
expired. Subsequently no action was taken by the authorities a reminder was sent on 1st December,
2010. Thereafter, hearing was granted on 9th March, 2011. According to the petitioners, since till
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date no action has been taken and the matter regarding mutation is still pending before the
respondent no.2, aggrieved this writ petition has been filed.
Having heard the learned advocates for the parties and considering the facts and
circumstances of the case, the writ petition is disposed of by directing the respondent no.2 to
dispose of the matter regarding mutation by passing a reasoned order to be communicated to the
petitioners 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 petitioner no.1, who shall represent the other
petitioners and after verifying the records and after making proper enquiry including an inspection
of the plot of land in question. It is also made clear that the Secretary, Government of West Bengal,
Urban Development Department, Kolkata, the respondent no.1 shall also go into the fact whether
such transfer can be made in the backdrop of the lease granted and shall pass a reasoned order
within four weeks from the date of presenting a copy of the certified copy of this order after giving
an opportunity of hearing to the petitioner no.1 and other interested parties, if any. Any order
passed by the respondent no.2 shall be subject to the order passed by the respondent no.1.
I, however, 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. 1 and 2 in their respective capacities.
There will be no order as to costs.
Let urgent photostat certified copy of this order, if applied for, be furnished to the appearing
parties on priority basis.
( Soumitra Pal, J.)
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