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Mr. Banerjee also cited a judgment in Prabir Kumar Kar Vs. The State of West Bengal & ors., reported in 1992 (II) CHN 289, where a learned Single Judge of this Court held that Section 2 of the Government Grants Act would not apply to plots of land in Salt Lake in issue in the aforesaid case. Mr. Banerjee also cited the judgment in Smt. Ajanta Basu Vs. The State of West Bengal & Ors., where another Single Bench passed orders directing mutation of the name of the lessee following the earlier judgment in Tarachand Dalmia (supra).

I am also unable to accept the submission that the respondents should be directed to mutate the names of the petitioners as lessees since the petitioners, were bona fide purchasers for consideration, who had purchased the residue term of the lease for rupees fifty lakhs without notice of the terms and conditions of the application.

This is the case of transfer of Government plot in Salt Lake. Had the petitioners made any inquiries, they could have ascertained whether or not the lessee had the right to transfer the plot in question. If the petitioners failed and neglected to do so, the Court cannot come to their assistance and issue a writ of mandamus directing the respondents to mutate their names as lessees. The remedy of the petitioners, if any, lies by way of initiation of proceedings against his assignors/vendors for return of consideration.