Sri Shyam Sunder Kasat And Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 4660 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
               CONSTITUTIONAL WRIT JURISDICTION
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                         WPA 16918 of 2023


                 Sri Shyam Sunder Kasat and Ors.
                                Vs.
                  The State of West Bengal & Ors.


Mr. Rajdeep Bhattacharya
Mr. D. Mitra
            ..for the petitioner

Mr. Soumitra Bandyopadhyay
Mr. Priyabrata Batabyal
            ..for the State Respondents

Item No.04

Heard & Judgment on:           02.08.2023

Bibek Chaudhuri, J.

One Anandi Devi Agarwala, since deceased was the original

lessee in respect of plot No. CD-71, Sector-I, Salt Lake City,

Calcutta-700 064. During her lifetime the said Anandi Devi Agarwala

executed her last will and testament on 26 th July, 2005 and

bequeathed the property in favour of two petitioners. After the

death of the said Anandi Devi Agarwala the petitioners obtained

probate from a probate proceeding in the Original Side of this Court.

On grant of probate the petitioners approached the concerned

authority including the Land Manager, Bidhannagar Urban

Development Department and the Land Manager and O.S.D. and Ex-

Officio Deputy Secretary to the Government of West Bengal, Urban

Development Department on 19th December, 2022 to mutate their

names on the basis of the probate will executed by Anandi Devi

Agarwala, since deceased.

The grievance of the petitioners is that the said

representation has not been considered as yet.

The learned advocate for the State Respondents frankly

submits that the respondent No.4 is duty bound to dispose of the

representation filed by the petitioner within a reasonable period of

time. Since the respondent No.4 has failed to discharge his official

duty, he may be directed to consider the representation filed by the

petitioners within specific period of time.

I have heard the learned advocates for the petitioners and

the State Respondents.

It is of course the statutory duty of the Land Manager to

consider the representation submitted on behalf of the petitioners by

their learned advocate on 19th December, 2022.

For the reasons what has been stated above, the instant writ

petition is disposed of directing the Land Manager, respondent No.4

herein to dispose of the representation by passing a reasoned order

within 60 days from the date of communication of this order passed

by this Court. The respondent No.4 is at liberty to examine the

original probate granted by this Court in favour of the petitioners.

He is also at liberty to call for and examine the documents relating to

the said property which are under the custody of the petitioners for

the purpose of mutation in the light of the Division Bench decision in

the case of The State of West Bengal and Ors. versus Kusum

Agarwal and Ors. reported in 2019 1 CLJ 417 and an unreported

decision passed in WPA 22498 of 2019 (Smt. Sandhya Rani

Mondal and Ors. versus The State of West Bengal and Anr.)

decided on 29th September, 2021.

With the above order the instant writ petition is disposed of.

There shall be, however, no order as to costs.

(Bibek Chaudhuri, J.)