JAYANTI BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Inspite of notice upon the respondents none appears on behalf of the respondents. The petitioner has challenged the order dt. 7/6/2010 passed by the Estate Manager, Kalyani, Urban Development Department, Government of West Bengal.

(2.) The plot No. B-11/64, Kalyani, District- Nadia was originally allotted to one Smt. Kalyani Pakrashi. Smt. Kalyani Pakrashi had executed a General Power of Attorney in favour of Arup Kumar Bose, husband of the writ petitioner on 1/9/1994. On the basis of the General Power of Attorney, the husband of the petitioner had executed Indenture of Transfer of plot No. B-11/64 in favour of his wife (writ petitioner) on 31/8/2000. The petitioner made an application along with General Power of Attorney for transfer of the said plot. The authorities failed to transfer the same and accordingly, the petitioner has filed writ petition before this Court being WP No. 16568 (w) of 1999. The said writ petition was disposed of by the Coordinate Bench, directing the registering authority to register the concern deed of transfer in accordance with law within 8 weeks from the date of receipt of the communication of the order. In terms of the order passed by the Coordinate Bench the petitioner has placed the deed before the registering authority accordingly the same was registered in the name of the petitioner on 31/8/2000.

(3.) The respondent no. 2 had rejected the request of the petitioner on the ground that whether the transfer deed which was executed by Sri Arup Kumar Bose being the Power of Attorney holder of the principal i.e. Smt. Kalyani Pakrashi is valid or not and in absence of any proof that Principal/donor was alive on the date of execution of transfer dt. 31/8/2000, the mutation cannot be allowed.