M/S. Proximity Real Estates Private Limited And ANR v. The State Of West Bengal And ORS.

S/L 3 06.08.2025 Court. No. 19 Suvayan WPA 16149 of 2025 M/s. Proximity Real Estates Private Limited & Anr.

Vs.

State of West Bengal & Ors.

Mr. Suman Dutta, Sr. Adv.

Mr. Shounak Mukhopadhyay Mr. Shivam Bhimsaria ...for the petitioners.

Mr. Supratim Dhar, Sr. Adv.

Ms. Oindrila Ghosh ...for the State.

1. The parties to the instant writ petition are represented by their respective Counsels.

2. By filing the instant writ petition the writ petitioners have prayed for issuance of appropriate writ/writs against the respondents/authorities more specifically against the respondent no. 3/authority commanding him to take appropriate decision in respect of the prayer made by the writ petitioners under cover of its letter dated 20th June, 2025 whereby and whereunder the writ petitioners requested the respondent no. 3/authority to effect mutation in respect of plot no. D24 (hereinafter referred to as the 'said premises' in short) at Kalyani Township of Industrial Area.

3. At the very outset Mr. Dutta, learned Senior Advocate duly assisted by Mr. Mukhopadhyay, learned Advocate appearing on behalf of the writ petitioners draws attention of this Court to page no. 39 of the instant writ petition being a copy of sale notice dated 9th October,

2007 as issued by the Official Liquidator, High Court at Calcutta in respect of the aforementioned property.

4. It is submitted that it is the specific case of the writ petitioners that the writ petitioners became the highest bidder in the said auction sale and thereafter a registered deed of assignment in respect of the said property was executed on 29th March, 2011 in favour of him.

5. It is the grievance of the writ petitioners that immediately after execution of the said deed of assignment in respect of the said property the writ petitioners made several correspondences with the respondent no. 3/authority for effecting mutation, however, the respondent no. 3/authority for some reason or other avoided to effect mutation in respect of the said property.

6. Drawing attention to page no. 98 of the instant writ petition being a copy of the letter dated 20th June, 2025 it is further submitted on behalf of the writ petitioners that under cover of the said letter the respondent no. 3/authority was again requested to effect mutation in respect of the said property but in vein.

7. Mr. Dhar, learned Senior Advocate appearing on behalf of the respondents/State and its instrumentalities in his usual fairness submits before this Court that the respondent no. 3/authority may be directed to consider the representation dated 20th June, 2025 as submitted by the writ petitioners in accordance with law.

8. On careful consideration 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 representation dated 20th June, 2025 as submitted by the writ petitioners in accordance with law and in the light of all previous correspondences as made by the writ petitioners with the respondent no. 3/authority including the documents furnished therewith, if there be any, and after giving an opportunity of hearing to the authorized representatives of the writ petitioners, shall pass a reasoned order and to communicate the same to the writ petitioners preferably by mail, if the mail details of the writ petitioners is/are provided to him at the time of hearing.

9. The entire exercise as indicated in the foregoing paragraph is to be completed within 21 working days from the date of communication of the server copy of this order.

10. The time limit as fixed by this Court is mandatory and peremptory.

11. Liberty is given to the learned Advocate-on-Record for the writ petitioners to communicate the server copy of this order to the respondent no. 3/authority.

12. The respondent no. 3/authority is hereby directed to act on the basis of the server copy of this order.

13. With the aforementioned observation, the instant writ petition is disposed of.

14. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.)