Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction

Appellate Side

Present : The Hon’ble Mr. Justice Sabyasachi Bhattacharyya

&

The Hon’ble Mr. Justice Uday Kumar

WPLRT 128 of 2025

Gita Mondal

Vs.

The State of West Bengal and Ors.

For the petitioner : Mr. Supratim Dhar, Ld. Sr. Adv.,

Mr. Dhananjay Nayak, Adv.

For the respondent nos.

7, 8, 11, 12, 23 to 25, 29,

30 and 43 : Ms. Sarda Sha, Adv.

For the respondent nos.

6(a), 6(b), 26, 39, 44,

46 and 48 : Mr. Shyama Prasad Purkait,

Mr. Dinesh Ch. Mandal, Advs.

For the State : Sk. Md. Galib, Ld. Sr. Govt. Adv.,

Mr. Tamal Taru Panda, Adv.

Heard on : August 26, 2025. Judgment on : August 26, 2025.

Sabyasachi Bhattacharyya , J .:

1. The affidavit-of-service filed today be kept on record.

2. Learned Senior Advocate appearing for the petitioner submits that although most of the respondents have been served, service on four of the respondents is incomplete. However, those four respondents did not contest before the Tribunal as well.

3. Since the other respondents are substantially represented by learned counsel and have been served, we take up the matter for hearing.

4. Heard learned counsel for the parties.

5. The present dispute ought not to have reached this adversarial stage. In fact, the petitioner and the private respondents are speaking at cross-purposes.

6. The writ petitioner’s case is that one Umapada Mallick was the original raiyat of RS Plot no. 324 in Mouza – Bhagwanpur, measuring about 17.73 decimals. Umapada sold the property on April 7, 1971 to one Dhirendra Nath Mondal, who died on April 5, 1999, leaving behind four sons and three daughters, including one Panchanan Mondal, as is heirs and legal representatives.

7. Panchanan, in the year 2003, executed a Power of Attorney in favour of one Mohan Lal Dutta with respect to Panchanan’s share of about 1 bigha and 2 cottahs (2.64 acres) in the said plot. On the strength of such Power of Attorney, the constituted attorney of Panchanan sold the share of Panchanan in its entirety to one Subhas Chandra Dutta (since deceased) on June 25, 2005. The present contesting respondents are the heirs and legal representatives of Subhas Chandra Dutta.

8. Thereafter, despite Panchanan having already lost title in the property by virtue of his sale to Subhas Chandra Dutta, took out a pre-emption application in the year 2007 under Section 8 of the West Bengal Land Reforms Act, 1955 and ultimately obtained an order of pre-emption. However, subsequently, the connected miscellaneous case in respect of the implementation of the pre-emption order was dismissed for default due to non-appearance of Panchanan.

9. The present petitioner Gita Mondal’s narrative of title starts from the other end of the spectrum. While Panchanan had sold his portion of the property through Power of Attorney to Subhas Chandra Dutta, the other co-sharers of the property, i.e. the other heirs and legal representatives of Dhirendra Nath Mondal, executed a sale deed on May 23, 2003 in favour of one Bhim Mondal, Ashok Mondal and one Gokul Mondal.

10. The said three purchasers, on June 11, 2007 executed a Power of Attorney in favour of one Prabir Das who, on the strength of such Power of Attorney, sold their share of the property on January 29, 2011 in favour of Gita Mondal and one Shila Das by a registered transfer deed.

11. Shila, on January 31, 2011, gifted her share of the property to Gita Mondal, the present writ petitioner. Thus, Gita Mondal became the owner of the entire share derived from the other heirs of Dhirendra Nath Mondal than Panchanan.

12. Hence, the final position in respect of the said plot, as per the writ petitioners, is that whereas Subhas Chandra Dutta became the owner of Panchanan’s share to the extent of 1 bigha 2 cottahs in the plot in question, Gita became the co- owner of Subhas by virtue of her purchase/gift in respect of the rest of the plot.

13. As per the writ petitioner, without any notice to her, mutation was effected, thereby recording the share of Subhas Chand