Fathima Bibi v. The Chief Secretary And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/340/2024 Fathima Bibi Vs.

The Chief Secretary and others Mr. M.K.Thakur .... for the petitioner Ms. Babita Das ... for the respondents July 15, 2024 [SR] Item No.3 Petitioner prays for early disposal of the application for mutation of the house site bearing survey No.479/2 measuring 1080 sq.mtrs situated at Villlage Buniyadabad in her name. Learned counsel contends the mutation application was not disposed within the time stipulated under the Citizen Charter. Ms.Das contends the application is not in form. Though petitioner claims to be th sole heir, the legal heir certificate shows there are six other heirs.

I have considered the materials on record.

Petitioner prays for mutation of the house site in her name claiming to be the sole heir but legal heir certificate annexed at page 13 shows there are six other heirs to the property. Nothing is placed on record to show that the other legal heirs have no objection if the mutation is made in the petitioner's name only.

Under such circumstances I am of the opinion the application for mutation in the sole name of the petitioner in the absence of no objection certificate from other legal heirs is misconceived. It is open to the petitioner to pray for mutation in her name enclosing no objection certificate from other legal heirs in accordance with law.

With these observations, the writ petition is disposed of. ( Joymalya Bagchi, J. )