DEBABRATA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE two petitioners in this writ petition dated April 15th, 2004 are aggrieved by the decision of Land Manager and Ex-officio assistant Secretary to the Government of West Bengal, Urban Development department dated May 26th/28th, 2003, which is : "i am directed to refer to your letter dated 29-1-2003 on the subject noted above and to inform you that the Deptt. regrets its inability to consider your prayer for mutation of the subject plot of land since the stepsons are not to be treated as legal heirs for the purpose of inheritance to the property of Step-mother. "

(2.) BY a deed dated September 11th, 1970 the State Government leased the land at plot no. 268 in AB block of sector I of the Salt lake City to one Jyoti Chowdhury for 999 years. In the recitals of the deed it was stated that the expression 'lessee' would include jyoti's heirs, executors, administrators, representatives and assigns. In the habendum, cl. 2 (12), it was stated that on her dying intestate her heirs would hold the property jointly without having any right to have a partition thereof by meets and bounds or they would nominate one person from among their number in whom the property should vest.

(3.) IN 1972 Jyoti married the petitioners' widowed father, Durgapada, who died on january 8th, 1991. Widowed Jyoti died issueless and intestate on July 25th, 2002. On her death the petitioners, her stepsons, claiming to be her heirs, applied to the appropriate authority of the government for mutating the records showing them as the lessees of the property. By the impugned decision their application was turned down on the ground that as stepsons they were not to be treated as Jyoti's heirs entitling them to inherit her property.