The State Of West Bengal & Others vs Smt. Reena Dasgupta & Others
2022 Latest Caselaw 4810 Cal

26.07.2022
Item no. 87.
Court No.6.
  AB
                                  F.M.A. 1685 of 2019

                          The State of West Bengal & Others

                                            Vs
                           Smt. Reena Dasgupta & Others

                     Mr. Naba Kumar Das,
                     Ms. Diana Ghosh Dastidar ....for the Appellants.

                     Mr. Pradip Kumar Roy,
                     Ms. Suparna Shyam     ....for the Respondents.

By the impugned judgment and order dated

November 13, 2018, the learned Single Judge allowed

the writ petition of the respondent no.1 by quashing

the Notification dated September 2, 2013 to the extent

it did not consider the daughter in-law of a person as

being closely related by blood to that person.

In this case, the respondent no.1, as a

beneficiary of the probated will of her father-in-law

had applied for mutation. The Authorities claimed

mutation fees from her. She was told that she could

not avail of the benefit of the Notification dated

September 2, 2013, since she was not closely related

by blood to the testator as per the said Notification.

Hence, she challenged the Notification. She succeeded

before the learned Single Judge. The State has come

up in appeal before us.

We need not decide the appeal on merits. Mr.

Das, learned Advocate appearing for the State apprises

us that he has been instructed that the Finance

Department of the State Government has taken a

decision that the daughter-in-law of a person shall

also be regarded as closely related by blood to that

person. Notification to that effect is scheduled to be

issued within a week. Hence, Mr. Das says, and rightly

so, that there is no point in proceeding with the

appeal.

In view of the Notification that is scheduled to be

issued within a week, we trust and hope that the

mutation application made by the respondent no.1

shall be processed and decided at an early date.

F.M.A. No.1685 of 2019 is, accordingly, disposed

of.

Urgent photostat certified copy of this order, if

applied for, be supplied expeditiously after compliance

with all the necessary formalities.

(Rai Chattopadhyay, J.) (Arijit Banerjee, J.)