Extracted from the PDF above. The PDF is authoritative.
N.22Sl 151/CL 21.09.26 DL-12 Ct.-19 (S.R.)
WPA 23171 of 2026 Bithika Das v. The State of West Bengal & Ors. Mr. Debasish Chattopadhyay Mr. Tirthankar Basu … for the petitioner. Ms. Ashima Roy Chowdhury Mr. Ankit Kumar Mishra … for the State. 1. The writ petitioner and the respondent State are represented by their respective counsel. 2. The subject matter as involved in the instant writ petition is the Plot No.9(C.A) in Sub-Block - B-9 at Kalyani, Nadia measuring about 11 Cottahs 7 Chattaks and 15 Square feet. From the materials as placed before this Court, it would reveal that it is the case of the writ petitioner that one Naresh Chandra Ghosh was a lessee tenant in respect of the said plot of land under the Government of West Bengal for a period of 999 years. 3. It is the further case of the writ petitioner that by virtue of a probated Will as executed by the said lessee, the present writ petitioner being the beneficiary of the said Will applied for mutation before the respondent no.3 authority in respect of the said plot of land. It is the further case of the
writ petitioner that along with the said application adequate fees has been paid, however, the respondent no.3 authority is sitting tight over the matter and did nothing. 4. Learned advocate appearing on behalf of the writ petitioner submits that the respondent no.3 authority may be directed to carry out the mutation in respect of the aforementioned plot of land in the name of the writ petitioner in terms of the writ petitioner’s application, a copy of which has been annexed at page nos.60 and 67 of the instant writ petition. 5. Learned advocate appearing on behalf of the respondent State in her usual fairness submits before this Court that the respondent no.3 authority may be directed to consider the representation for mutation as submitted by the writ petitioner, in accordance with law. 6.
On careful perusal of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court while disposing the instant writ petition directs the respondent no.3 authority to consider the writ petitioner’s application for mutation in respect of the aforementioned plot of land, in accordance with law, after giving an opportunity of hearing to the writ petitioner and/or his authorized representative 2
and shall pass a reasoned order and shall forthwith communicate the same to the writ petitioner preferably by email, if the email details of the writ petitioner is provided to him at the time of hearing. 7. The entire exercise, as indicated hereinabove, is to be completed by the respondent no.3 authority within sixty working days from the date of communication of this server copy of this order. Liberty is given to the learned advocate-on-record for the writ petitioner to communicate the server copy of this order to the respondent no.3 authority and the respondent no.3 is directed to act on the server copy of this order. 8. The time limits, as fixed by this Court, are mandatory and peremptory. 9. With the aforementioned observations, the instant writ petition is disposed of. 10. Before parting with it is, however, made clear that while disposing the instant writ petition, this Court has not gone into the merits of the mutation application, as submitted by the writ petitioner and, thus, all points are kept open for adjudication by the respondent no.2 authority. 11. There shall, however, be no order as to costs. 12. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. 3
(Partha Sarathi Sen, J.) 4