SOUMITRA PAL,J. - (1.) Affidavit-of-service filed today be kept on record.
(2.) In the writ petition, the petitioner has prayed for a direction upon the respondents particularly on the Secretary, Department of Urban Development, Government of West Bengal, Kolkata, to mutate his name, in place and stead of Santi Basu, since deceased, with regard to the ground floor of the building on plot no. 415, Block - BE, Sector - I, Bidhannagar, Salt Lake City, Kolkata.
(3.) It appears that Kamal Kumar Basu, since deceased, was the original lessee and the State of West Bengal was the lessor of the plot. The original lessee had constructed a three-storied building over the property. Said Kamal Kumar Basu died intestate leaving behind his wife, Santi Basu, since deceased, as his only legal heir. Said Santi Basu made and published her last Will and Testament dated 17th April, 2002 in respect of the entire ground floor of the building on the plot in question. The petitioner was appointed as the executor of the said Will. He is also the sole beneficiary. On 22nd December, 2005 the High Court granted probate. After probate was granted the petitioner requested the Land Manager, OSD and Ex-Officio Secretary, Department of Urban Development, Government of West Bengal, the respondent no.3 to mutate his name. Pursuant thereto the respondent no.3 by letter dated 26th November, 2008 requested the petitioner to comply certain formalities for processing the application for mutation. Submission has been made that though, as requested, formalities have been complied with, as no action has been taken, this writ petition has been filed.;