RITU SINGHANIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) DISPUTE relating to the petitioners' right to get their names mutated as lessees in respect of premises No. BB52 , Sector-I, Salt Lake City, Kolkata-700 064, together with the structure thereon on the basis of will left by Debrabrata Roy, Original Lessee, which was subsequently probated, is a subject matter of consideration in this writ petition. An identical dispute in similar set of facts has already been decided by this court on 27th September, 2013 in W.P. No.17025 (W) of 2013, Pawan Kumar Agarwal ­Vs- State of West Bengal and Ors. , wherein the right of the legatees to get their names mutated as lessees in respect of a Salt Lake property on the basis of a probated will, was recognized by this Court and the State respondents were directed to mutate the names of the Legatees therein as lessees in respect of the said Salt Lake property for the residuary period of the said lease term. Since the petitioners herein are also similarly situated, different conclusion cannot be arrived at in this proceeding.

(2.) THE writ petition is, thus, disposed of with a direction upon the State Respondents to mutate the names of the petitioners as lessees in respect of the Plot No. BB52, Sector-I, Salt Lake City, Kolkata-700 064 together with the construction made thereon for the residuary period of the lease term on the basis of the will left by the original lessee which was subsequently probated. Such exercise should be completed within 15th November, 2013.

(3.) AFTER delivery of the judgment Mr. Dhar, Learned Advocate appearing for the State respondent prays for stay of operation of the judgment for enabling his client to decide the next course of action.