SHANKHO MITRA AND OTHERS Vs. STATE

JUDGEMENT

(1.) Present petition has been filed by the petitioners under Section 278 read with Section 218 of the Indian Succession Act, 1925, for grant of Letters of administration in their favour in respect to the estate of Km.Chhaya Mitra.

(2.) Petitioners no.2 and 3 are present in Court. They are duly identified by their counsel. They submit that they have no objection if the letters of administration are granted in favour of petitioner no.1.

(3.) As per the petition, Km.Chhaya Mitra was last seen at her residence on 5.2.1999, when she was approximately 61 years of age. Mr.Shyamal Kumar Mitra was the only real brother of Km.Chhaya Mitra. Mr.Shyamal Kumar Mitra was the father of petitioners no.1 and 2 and husband of petitioner no.3. Further, as per the petition, as Km.Chhaya Mitra could not be traced, on 6.3.1999 information was sent to the Missing Persons Squad at New Kotwali, Darya Ganj, New Delhi, by Mr.Shyamal Kumar Mitra about the disappearance of Km.Chhaya Mitra. A missing report was also lodged by Mr.Shyamal Kumar Mitra vide letter dated 8.3.1999 to the In-charge, Police Post, Surya Nagar, Ghaziabad. An advertisement together with photograph of Km.Chhaya Mitra, with regard to her missing, was published in the Times of India and the Navbharat Times, both dated 10.3.1999 as also in Daily newspaper Hindustan Times on 25.3.1999 by Mr.Shyamal Kumar Mitra. Mr.Shyamal Kumar Mitra also published an advertisement in a Bengali Newspaper, namely, Ananda Bazar Patrika on 10.7.2006, Indian Express and Jansatta on 11.8.2006 with regard to disappearance of Km.Chhaya Mitra and also declaring that he would be taking legal steps to manage the estate of Km.Chhaya Mitra and any person claiming to be her legal heir or knowing her whereabouts may come forward and inform him within forty days. Despite advertisements being published and police complaints having been made, Km.Chhaya Mitra could not be traced.