Ashoke Kumar Dasadhikari, J. - (1.) THIS writ petition was moved by the writ petitioner, Mohan Lal Singhi, being the transferee/purchaser of 2/3rd share in premises No. CD -203, Sector -I, Salt Lake City, Kolkata -700064 with a prayer for carrying out mutation in his favour. The writ petition was affirmed on 15th September, 2014. Prayer (a) of the writ petition reads as follows : - "(a) A Rule NISI in the nature of Mandamus commanding the respondents and each one of them to mutate the name of the petitioner in respect of 2/3rd undivided share of premises No. CD -203, Sector -I, Salt Lake City, Kolkata -700064 forthwith."
(2.) MR . Mukherjee, learned Senior Counsel appearing for the writ petitioner submitted that by two transfer lease deeds, one executed by Mohit Kr. Singhi power of attorney of original lessee Badal Basu Mullick and the other one executed by Smt. Kalyani Basu Mallick wife of Late Asok Kumar Basu Mallick on 21st January, 2013 and 14th June, 2013 respectively the property was transferred in favour of the writ petitioner. Mr. Mukherjee submitted two applications seeking permission for transfer, one dated 25th September, 2012 and the other dated 27th September, 2012 were submitted by both Mohit Kumar Singhi and Kalyani Basu Mullick constituted attorney of Badal Basu Mullick and Ashok Basu Mullick joint lessees of Plot No. CD - 203, Sector - I, Salt Lake, Kolkata - 700 064 for transferring their respective shares 1/3rd + 1/3rd = 2/3rd share in the property in terms of Government notification No. 2709 -SL(AL)/4S -9/2004 (PT -1), dated 22nd June, 2012.
(3.) MR . Mukherjee submitted that in response to the applications made by both Mohit Kumar Singhi and Kalyani Basu Mullick, the then Land Manager Bidhannagar and OSD and Ex -officio Deputy Secretary by his letter dated 6th December, 2012 asked Mohit Kumar Singhi and Kalyani Basu Mullick to deposit an amount of Rs. 7,37,933/ - (Rupees seven lakh thirty seven thousand nine hundred thirty three) each with the State Bank of India, Bikas Bhaban, Salt Lake by Challan No. TR Form No. 7 under the head of account "0217 -Urban Development -16 -other Development Schemes -800 -other receipts -001 -collection form other item -16 other fees" on account of the permission fee for transfer of 1/3rd share each within 30 days from the date of receipt of the letter and to submit the original receipt and to submit the receipted challan in duplicated to the department for further action in the matter which should be signed on the reverse side with a declaration "submitted by me". The copy of the letter dated 6th December, 2012 asking deposit of the aforementioned amount was forwarded for information to the Principal Secretary, UD Department, Nagarayan, Salt Lake, Kolkata - 700 064 and the Joint Secretary (TKG, UD Department Nagarayan Salt Lake, Kolkata) and also Mohan Lal Singh (proposed transferee).;