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Calcutta High Court · body

2025 DAILYLAW 3364 (CAL)

ANURADHA BIR v. STATE OF WEST BENGAL AND ORS.

WPA/13190/2025 · 2026-07-30

Rai Chattopadhyay

body2025

Judgment text

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WPA 13190 of 2025 Anuradha Bir Vs 30.7.2026 The State of West Bengal & Ors. Sl.28,sk Ct.652 Mr. Gupta Nath Prasad Mr. Surajit Maity …for the petitioner Mrs. Sima Chakraborty Mrs. Susmita Chatterjee …for the K.M.C./respondent no. 4 1. Affidavit of service filed by the petitioner in Court today is taken on record. 2. The petitioner’s grievance is that he has not been granted mutation with respect to the property inherited by him, being the sole legal heir of his deceased predecessor. 3. Learned advocate for the petitioner has submitted that on 4th February, 2024, the petitioner has furnished his requests before the respondent no.3/the Block Land & Land Reforms Officer(B.L. & L.R.O.), Chakdah, Kamalpur, Nadia by enclosing therein, duly filled in proforma application for mutation. 4. It has further been submitted that online application has been filed by the petitioner on 5th March, 2024, at the official website of the respondent. 2 5. The petitioner’s grievance is that the said application has never been taken up for consideration and or processed by the respondent no. 3/ (B.L. & L.R.O.) as yet. 6. In spite of service of copy of the writ petition, the State respondent has not appeared today in Court, when the matter is called on. 7. Mrs. Chakraborty, learned advocate has appeared for the respondent no. 4/the Kolkata Municipal Corporation. 8. Learned advocate for the petitioner has further submitted that the petitioner has filed RTI application before the K.M.C. Authority seeking death certificates of his mother and one brother, whose dates of death is not known to the petitioner. 9. Mrs. Chakraborty for the KMC has submitted that the petitioner has not turned up before the KMC on the date of hearing. 10. Be that as it may, the fact remains that in spite of submissions of applications including one in the prescribed proforma, for mutation of the property in his own name by the petitioner, the respondent no. 3/B.L. & L.R.O. has not yet taken any steps to process the said applications. 3 11. It is learnt that the date of death of father of the petitioner was on 3rd March, 1965 and that his brother was on 29th March, 2023. 12. Considering as above, I find it proper to dispose of the instant writ petition with direction upon the respondent no. 3/ (B.L. & L.R.O.), Chakdah, Kamalpur, Nadia to immediately take up the petitioner’s representation dated 4th February, 2024 along with the prescribed proforma application for mutation of property, as well as his online application with the similar prayer dated 5th March, 2024, and pass an order with relation to that after consideration. 13. In doing so, the respondent no. 3 shall grant opportunity of hearing to the petitioner, if necessary and pass a reasoned order, positively within a period of eight weeks from the date of communication of copy of this order, if not the prayer of the petitioner is immediately allowed by the said respondent. 14. With the direction as above, the instant writ petition stands disposed of. 15. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. (Rai Chattopadhyay, J.) 4