State Of W B & ORS v. Manish Singhal

4.

23-06-2022 debajyoti (Ct. no.06) MAT 1722 of 2017 + IA NO:CAN/2/2017 (Old No:CAN/11608/2017) State of West Bengal & Ors Vs.

Manish Singhal Mr. Naba Kumar Das, Mr. Pathik Bandhu Banerjee ... For the Appellants.

Mr. Rajdeep Bhattacharyya, Mr. D. Mitra ... For the Respondent.

By consent of the parties, the appeal and the application are taken up together for hearing. This appeal is directed against an order dated November 08, 2016, whereby W.P.6045 (W) of 2015 was disposed of. The operative portion of the said order reads as follows.

" In view of the several orders passed by this Court in respect of 20-Clause lease deeds pertaining to grant of probate in respect of Salt Lake properties, the instant writ petition is disposed of by directing the concerned respondent authorities, being the respondent nos.3 and 4, to take appropriate steps in accordance with law to complete the mutation in favour of the petitioners, subject to compliance of all formalities, within a period of twelve weeks from the date of communication of a photostat certified copy of this order. "

The State is in appeal from the said order.

Today, Mr. Das, learned advocate, appearing for the State, submits that this appeal may be disposed of by recording that the concerned department of the State of

West Bengal shall take requisite steps in terms of the order impugned in the appeal and the applicable law in respect of the application for mutation made by the writ petitioner/respondent. The writ petitioner has no objection to such a course of action.

The appeal and the connected application are, accordingly, disposed of by recording the submission made on behalf of the State that the concerned department of the State shall take necessary steps in accordance with law, as directed by the order impugned herein, in respect of the writ petitioner's application for mutation of the property in question. We direct that such mutation should be completed within a period of four months from the date of communication of this order to the concerned officer in the administration. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of necessary formalities.

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