MIR DARA SHEKO,J. - (1.) None appears to represent the respondents, though affidavit-in-opposition was submitted by only respondent no. 3 representing the Estate Manager and Ex-Officio Deputy Secretary to the Government of West Bengal , Urban Development Department.
(2.) Heard learned counsel representing the writ petitioner. Upon hearing and from the materials on record it appears that the subject property measuring 8 cottahs 1 Chhittacks and 24 square feet appertaining to plot NO. B-14/370 situated at Kalyani under Kalyani Municipality within District Nadia was allotted by the Urban Development Authority , Kalyani in favour of Smt. Anima Ghosh on 27th March, 1987. In terms of Sub-Clause (x) of Clause 1 of said lease deed said Anima Ghosh taking permission of the authority transferred the said property in favour of Shri Sambhu Nath Sarkar on 31st March, 1989. It is further apprised that on further communication to the Estate Manager and Ex-Officio Assistant Secretary to the Government of West Bengal the subject property was mutated from the name of Anima Ghosh to Shri Sambhu Nath Sarkar and it was also duly communicated by the authority by letter dated 25th September , 1989. Said Sambhu Nath Sarkar accordingly had been paying municipal taxes in his name and in due course submitted a plan for construction of building over the subject plot. From the plan and revised plan appended to the writ petition it reveals that the Kalyani Municipal Authority had also duly sanctioned the plan respectively on 27th February, 2008 and 28th February,2008 with reference to the selfsame plot.
(3.) Learned counsel also apprised the Court that with all such legal papers his client constructed the building and has been enjoying its possession by making payment of municipal taxes and other taxes wherever it is necessary.;