Calcutta High Court (Appellete Side)
Amitava Ghosh & Ors vs State Of West Bengal & Ors on 13 December, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
1 13.12.2018
Ct. No.8 S/L No.20 KS W. P. No.23053 (W) of 2018 Amitava Ghosh & Ors.
Versus State of West Bengal & Ors.
Mr. Dipak Ranjan Mukherjee Mr. Arijit Dey .....For the Petitioners Mr. Debabrata Chatterjee Mr. Simanta Kabir .....For the State A writing dated June 15, 2017 of the Land Manager, Bidhannagar, Department of Urban Development and Municipal Affairs, Government of West Bengal stating that, mutation as prayed for by the petitioners would be considered on deposit of fees of Rs.5,00,000/‐ per cottah in terms of the notification dated June 22, 2012 read with the Notification dated September 2, 2013 is under challenge in this writ petition.
Learned advocate appearing for the petitioners submits that, the petitioners are the heirs and legal representatives of the deceased sister of the deceased original lessee. The petitioners, therefore, come within the Notification dated September 2, 2013. In any event, a legatee of a Will which has since been probated by the appropriate forum, is not obliged to pay any mutation fees in terms of either of the two Notifications. In support of such contention he relies upon an unreported decision of the High Court dated March 12, 2013 rendered in W. P. No.7390 (W) of 2013 (Radha Paasari & Ors. V. The State of West Bengal & Ors.) The petitioners are the heirs and legal representatives of the deceased sister of late Madhusudan Guha Roy. Late Madhusudan Guha Roy was the original lessee. He had two sisters namely, late Reba Ghosh and late Pratima Basu. The first petitioner is the son of late Reba Ghosh, the second petitioner is the daughter of late Reba Ghosh and the third 2 petitioner is the son of late Pratima Basu. The petitioners applied for mutation in respect of the plot allotted to late Madhusudan Guha Roy.
By the impugned writing dated June 15, 2017 the application for mutation dated October 21, 2016 was kept pending till the petitioners deposit of a mutation fees of Rs.5,00,000/‐ per cottah in terms of the Notification dated June 22, 2012 and September 2, 2013.
By the Notification dated June 22, 2012, the State Government noticing that, plots at Salt Lake are being transferred on the strength of various documents such as General Power of Attorney (GPA), Agreement of Lease Tenancy and Will to a stranger, and that mutation are being sought for on the strength of such documents, the Government decided to obtain mutation fees as specified therein.
By the subsequent Notification dated September 2, 2013, the Government of West Bengal clarified that, devolutions in favour of close blood relations namely, father, mother, husband, wife, brother, sister, son, daughter, son's children, daughter's children, grand‐father, grand‐mother shall not attract the provisions of the Notification dated September, 2012.
In the facts of the present case, as noted above, the petitioners are the heirs and legal representatives of the deceased sister of the deceased original allottee. They are close blood relations of the original allotee. Therefore, they come within the Notification dated September 2, 2013.
In such circumstances, the requirement of payment of mutation fees at the rate of Rs. 5,00,000/‐ per cottah as contained in the writing dated June 15, 2017 is quashed. 3
The department will consider the application dated October 21, 2016 for mutation made by the petitioners without insisting upon any mutation fees in terms of the Notification dated June 22, 2012 as the petitioners come within the exempted categories specified in the Notification dated September 2, 2013. It is expected that, the authorities will dispose of such application for mutation within a period of six weeks from the date of communication of this order.
W. P. No.23053 (W) of 2018 is disposed of.
No order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)