SHAKUNTALA DEVI AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The primary challenge in this petition is directed against the communication dated 27.05.2015 issued by the Land Manager, Bidhannagar, Urban Development Department, Government of West Bengal being the respondent no.2, whereby permission has been denied to the petitioner to mortgage the leasehold right in premises number CA-34, Sector-1, Bidhannagar, Salt Lake City, Kolkata700064 (the plot). By the impugned communication the respondent no.2 had, inter alia, informed the petitioner that she is not the mutated lessee of the plot and as such a "No Objection Certificate" in her favour could not be granted.

(2.) The case of the petitioner is that the plot was leased to Parul Dutta (since deceased). By her last will and testament dated 12.08.1992 Parul Dutta had made and published her will bequeathing her right, title and interest in the plot in favour of the petitioner absolutely and permanently. Probate of the will was granted by this High Court in PLA No.87 of 2011. After grant of probate, the executor handed over the plot together with the two storied building standing thereon to the petitioner.

(3.) Thereafter, the petitioner applied to the Government of West Bengal for mutation of her name in respect of the plot. Subsequently, the petitioner filed an application with the authorities. By a letter dated 03.10.2012, issued by the respondent no.2, the petitioner was directed to pay a sum of Rs.16,11,900/- towards permission fees within the time stipulated therein. Pursuant thereto it is submitted that the petitioner deposited a sum of Rs.16,11,900/- in favour of the State Bank of India. In this connection, a copy of the certificate issued by the HDFC Bank on 17.06.2015 has been annexed to the writ petition. In the said communication, issued by the HDFC Bank it is stated that the cheque issued by the petitioner to the Appropriate Authority had been encashed on 12.04.2013. The petitioner also relies on a letter dated 11.03.2013 allegedly issued by the respondent no.2, inter alia, granting the petitioner the right to mutate the property in her name.