Samapti Chatterjee, J. - (1.) The following issues are to be determined in this writ petition:- (a) Whether the respondent authority could demand a transfer fee from the petitioner for granting of mutation in respect of a plot of land owned on the strength of probate ? (b) Whether respondent authority could ignore Sub-Clause (h) of Clause 9 of the lease agreement dated 30th December, 1963 in respect of plot no. B-14/386, Kalyani, Nadia ?
(2.) The petitioner's case in a nutshell is that on 30th December, 1963 an agreement for lease was executed and registered between the Governor of State of West Bengal as lessor and Moti Lal Rout(since deceased) as lessee in respect of Plot No. B-14/386, Kalyani, Nadia. On 18th September, 1980 physical possession of the said Plot No.B-14/386, Kalyani, Nadia was delivered by the respondent authority in favour of the said Moti Lal Rout (since deceased). On 21st April, 1995 said Moti Lal Rout (since deceased) executed his last will and testament. On 20th May, 2006 the last will and testament of said Moti Lal Rout (since deceased) was probated by the Learned Civil Judge (Junior Division) Kalyani, Nadia in Miscellaneous Case No.21 of 2000. On 3rd July, 2009 an application for mutation in respect of Plot No.B- 14/386, Kalyani, Nadia was submitted by the petitioner. Thereafter on 7th September, 2009 order of termination of lease was passed by the respondent authority and as a result thereof on 03.03.2010 the petitioner's prayer for mutation in respect of Plot No.B-14/386, Kalyani Nadia was refused by the concerned respondent authority. Feeling aggrieved by the said refusal the petitioner approached before this Hon'ble Court the said writ petitioner was disposed of on 19th September, 2013 thereby directing the respondent authority interalia to consider and dispose of the petitioner's prayer after giving an opportunity of hearing to the petitioner. Pursuant to the said order the hearing was held on 5th March, 2014 and on 21st March, 2014 the order was passed by Estate Manager, Kalyani Urban Department, Government of West Bengal thereby directing that mutation for the said plot shall be done in the name of Sudhendu Bikash Ghosh after observing all formalities. It was further directed that said Ghosh must execute lease deed within three months and complete construction work within one year from the date of order. Thereafter by the impugned order dated 16th May, 2014 the Estate Manager Kalyani Urban Development Department, Government of West Bengal directed the petitioner to deposit Rs.4,21,391/- only as transfer fee in terms of notification dated 8th October, 2010 through T.R. Form No.7 under the Head 0217-Urban Development-60-other Urban Development Scheme-800-other collection from other items-16-other fees after endorsement by this aid office. Assailing the same petitioner filed the present writ petition.
(3.) Mr. Debasish Chattopadhyay, learned Advocate appearing for the petitioner vehemently urged that the respondent authority at the time of passing the impugned order ought to have looked into the Sub-Clause (h) of Clause 9 of the lease agreement in respect of Plot No.B-14/386, Kalyani Nadia. Sub Clause (h) of Clause 9 is quoted below:- Sub-Clause (h) of Clause-9:- Should the Lessee/Lessees die after having made a bequest of the leasehold premises and the building to be erected thereon in favour of more than one person or die intestate having more than ne heir then in such case the persons to whom the leasehold premises with the buildings thereon be so bequeathed or the heirs of the deceased Lessee, as the case may be, shall hold the said property jointly without having any right to have a partition of the same by metes and bounds or they shall nominate one person amongst their number in whom the same shall vest. ;