SANJIT KUMAR DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The maternal uncle of the petitioner Ram Narayan Bose (since deceased) had applied on 17.8.1961 for allotment of a plot of land under long term lease in Kalyani Township. Pursuant to acceptance and approval of the said application by the then authority concerned on 1.5.1962, a plot of land measuring about 10 cottahs in Kalyani Township bearing No.B-11/218 (hereafter the said plot) was allotted in his favour for a long term lease of 999 years and an agreement for lease was executed. Physical possession of the said plot, however, was delivered to Ram Narayan on 27.5.1986. A registered deed of lease to this effect was executed by and between the Governor of West Bengal (the lessor) and Ram Narayan (the lessee) on 28.11.1986.

(2.) Ram Narayan, prior to his death on 19.10.1999, had executed a will on 22.9.1985. He made a bequest of the leasehold interest of the said plot in favour of the petitioner. The petitioner applied for probate before the High Court at Calcutta. By an order dated 19.9.2007, probate was granted. The petitioner had thereafter on 19.11.2007 applied before the Estate Manager, respondent no.2, for mutation of his name in respect of the said plot. The respondent no.2 by his memo dated 16.4.2009 called upon the petitioner to furnish necessary documents mentioned therein. He was also requested to deposit Rs.6 lakh as transfer permission fees in terms of notification dated 30.1.2009.

(3.) The order of the respondent no.2 for depositing transfer permission fees forms the subject matter of challenge in this writ petition.