JUDGMENT :

RAI CHATTOPADHYAY, J.

1. Appellant’s contention is that, she has applied for, duly complied with all the formalities and obtained “mutation certificate” with respect to her leasehold property and is now legally free to mortgage her said property for what so ever purpose (for the purpose of a loan in this case), which she has been wrongfully prevented to do, by the respondent vide the impugned letter dated 27.05.2015. Appellant’s further contention is that her right to mortgage her leasehold property, is not subjected to the fact as to whether or not the property has been mutated in her name, in the government records. Respondent could not have overlooked her such right in the property, irrespective of its mutation being done in her name in government records. That, her right, title and interest to the said property as a lessee thereof, is not extinguished even if mutation thereof is not done, so is her right to deal with her leasehold property, free from all encumbrances. In such view of the matter, the letter dated 27.05.2015, impugned in the writ petition is arbitrary and illegal.

Thus, the appellant has challenged the judgment of the Hon’ble Single Judge dated 30.01.2019