RAJA RAM DAS ALIAS NISHAD RAJA RAM DAS Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2018-2-139
HIGH COURT OF CALCUTTA
Decided on February 12,2018

Raja Ram Das Alias Nishad Raja Ram Das Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) The instant appeal arises out of an order dated 11th December, 2017, passed by a learned Single Judge in W. P. 22116 (W) of 2016 (Sri Raja Ram Das alias Nishad Raja Ram Das vs. The State of West Bengal & Ors.).
(3.) By the impugned order, the writ petition was dismissed. The appellant before us was the writ petitioner. For the sake of convenience, the impugned order is set out in its entirety hereinbelow:- "This writ application is filed by the petitioner for a direction upon the respondent municipality to mutate his name in respect of the property in question. It is submitted by the learned Advocate appearing for the respondent municipality that the property in question belongs to four co-owners. The petitioner is the owner of 1/4th undivided share of the above property on the strength of a Will executed by the predecessor-in-interest. According to him, in the above facts and circumstances separate mutation in the name of the petitioner in respect of any portion of the above property is not permissible in law. In view of the above, this writ application stands dismissed. This order will not prevent the petitioner from taking necessary steps for demarcation of the property in respect of which he wants to lodge his claim. There will be, however, no order as to costs.";


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