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2013 Supreme(Cal) 134

JAYANTA KUMAR BISWAS
Radha Paasari – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the petitioners: Mr. L. C. Behani.
For the State: Mr. Soumitra Bandopadhyay.

JUDGMENT : -

The petitioners in this WP under art.226 of the Constitution of India dated March 7, 2013 are aggrieved by the things stated in a letter of the Land Manager, Bidhannagar, Urban Development Department, Government of West Bengal dated July 6, 2012 (WP p.56).

2. The letter was written to the first petitioner regarding her request for mutation “in respect of Plot No.BG-46, Sector-I, Salt Lake, Kolkata-64.” The relevant parts of the letter are quoted below:-

“I am directed to refer to your letter dated 27.04.2012 and to inform that your prayer for mutation in respect of Plot No.BG-46, Sector-II under active consideration subject to payment of Transfer Fees (Transfer to other than close-blood relation) as per U.D. Notification No.2709-SL(AL)/4S-9/2004(Pt-I) dated 22.06.2012.

You are consequently requested to deposit the requisite amount in consultation with this office for the mutation.”

3. A copy of the notification dated June 22, 2012 referred to in the letter of the Land Manager dated July 6, 2012 is at p.54 of the WP. The notification was issued stating on what conditions the Government would permit transfer of leasehold a property by a lessee.

4. After getting the leaseh








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