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2007 Supreme(Cal) 639

JAYANTA KUMAR BISWAS
DEBABRATA MONDAL – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Anirban Mitra, P.K.Dutta, Siddhartha Bhattacharyya, SUPRIYA ROY CHOWDHURY

( 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






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