MUNNA SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service filed today be kept on record.

(2.) The present writ petition arises out of a judgment passed by the Tribunal, setting aside the finding of two authorities granting mutation in respect of the present writ petitioner.

(3.) The backdrop of the case is that the writ petitioner purchased the subject property by a registered deed of transfer. Subsequently, the writ petitioner applied for mutation, which was granted by the first two authorities. However, the private respondent objected to such mutation on the ground that the grand predecessor-in-interest of the writ petitioner, one Jamiruddin Sk., was a patta holder in respect of the subject property and, as per law, was not entitled to transfer such land, since within the contemplation of Sec. 49 of the 1955 Act, such land, though heritable, cannot be transferred.