Ravi Krishan Kapur, J.

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 Wes