JUDGMENT :

JAY SENGUPTA, J.

1. This is an application under Article 226 of the Constitution of India praying for direction upon the respondent authorities, especially the respondent no. 4, to cancel and withdraw the order dated 02.09.2011 and mutate the name of the petitioner in respect of the property being Flat No. 11, Block No. A, KIT Scheme No. BIS-1 at 7/1, Rajendra Mullick Street, Kolkata-700007.

2. Learned counsel for the petitioner submitted as follows. The Writ petitioner was the daughter of late Kamakhya Prosad Choudhury and late Yogamaya Choudhury. The parents of the petitioner were the tenants under Kolkata Improvement Trust [now, Kolkata Metropolitan Development Authority] in respect of one flat being no. A/11 lying and situated at Block-A, of KIT Scheme No. BIS-I, 7/1, Rajendra Mullick Street, Kolkata – 700007. The said tenancy continued in succession. The petitioner was a bonafide allottee in succession. The brothers and sisters of the writ petitioner were pleased to grant “no objection” in favour of the petitioner to apply for ownership of the said flat. By a notification dated 28.10.2004, the Kolkata Improvement Trust informed the occupant/tenants and the allottees th