HARISH TANDON,J. - (1.) The petitioners challenge the Memo No. 624/A- 8/85 dated 23rd May, 2011 and Memo No. 1126/A- 8/85 dated 23rd May, 2014 issued by the Estate Manager, Kalyani Urban Development Department, Government of West Bengal requesting the petitioners to deposit the excess transfer permission fees to the tune of Rs. 2,66,667/-, basically on the ground that the foundation for arriving such decision is improper and based upon circular, which does not apply to the case of the petitioners.
(2.) Shorn of unnecessary details the petitioners acquired right, title and interest in respect of plot no. A-8/85, Kalyani on the basis of dint of purchase from the erstwhile owner/lessee thereof. Plot no. 85 in Sub-Block no. 8 of Block A in Kalyani Town, District Nadia, was initially under Kanchrapara Development Scheme and was allotted to Ritinkar Sen on the basis of a letter of allotment issued by the State of West Bengal on 28th October, 1967. The certificate of possession was issued by the Estate Manager, Kalyani, Nadia in favour of the said allottee and subsequently a deed of lease was executed on 20th July, 1988 by the Governor of the State of West Bengal.
(3.) Subsequently an application was made through a constituted Attorney for permission to transfer the said allotted land and upon obtaining the same, the said allottee entered into an Indenture of Transfer on 26th April, 1991 registered in the office of the Additional District Sub-Registrar, Kalyani, Nadia with Ajit Kumar Mondal. The subsequent purchaser duly mutated his name in the records of the Metropolitan Development Department and discharged his obligation by payment of land revenue.;