SHANKAR CHOWDHARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner files this writ application challenging the order passed by the Joint Secretary to the Government of West Bengal, Urban Development department. As per his communication issued under memo No. 410-SL (AL)/ bc-203 dated February 22, 2006 the prayer of the original lessee to give permission for transfer of lease hold right in respect of the plot No. BC- 203, sector 1, Salt Lake City in favour of the petitioner was rejected.

(2.) THE fact of case in a nutshell is this by a registered deed of lease dated march 6, 1972, the aforesaid plot of land in Salt Lake City was transferred by the State Government to the predecessor-in-interest of the petitioner. The above deed did not contain any clause apprehending or restricting in any way the right of the lessee to transfer the above plot of land to a third party. By a deed of assignment dated March 29, 2004 the predecessor-in-interest of the petitioner transferred the right, title and interest in the aforesaid plot of land in favour of the writ petitioner. The predecessor-in-interest of the petitioner filed an application dated January 28, 2006 to the respondent No. 3 for obtaining permission to transfer the leasehold right in favour of the petitioner. Such prayer was rejected by the respondent No. 2 as per his communication issued under memo No. 410- SL (AL)/bc-2003 dated February 22, 2006. The subject-matter of challenging the writ application is the aforesaid order.

(3.) APPEARING on behalf of the petitioner Mr. N. C. Behani, learned Advocate, submits that the impugned order dated February 22, 2006 passed by the respondent No. 3 cannot be sustained in law in view of the decision of Prabir kr. Kar vs. State of West Bengal, reported in 1992 (2) CHN 289. Mr. Behani further submits that in the matter of Tarachand Dalmia vs. State of West Bengal, reported in 1994 (1) CHN 15, it has further been held that the provisions of government Grants Act cannot be applied in case of Government grants where no restriction concerning the transfer of interest of a property relating to any grant of the Government is imposed in the grants itself. Mr. Behani further submits that section 22a of the Registration Act, 1903 has aleady been declared unconstitutional in the matter of State of Rajasthan and Ors. vs. Basant Nahata, reported in 2005 (1) SCC 77.