- (1.) HEARD the learned counsel for the parties.
(2.) THE petitioner, in this writ application, has challenged the order vide letter dated -13.01.2003 (Annexure -2), issued under the signature of the Respondent No. 2, whereby the petitioner has been asked to deposit a sum of Rs.90,000/ -for mutating his name in the Khas Mahal Register. Challenge also is to the order dated -31.01.2003 (Annexure -4), passed by the Respondent No. 2 in Lease Transfer Case No. 35 of 2000 -01, whereby the Review application filed on behalf of the petitioner, has been rejected. The petitioner has further prayed to direct the Respondents to mutate his name in the Revenue records without calling upon him for payment of any such fee, as demanded vide Annexure -2. Facts of the petitioner's case in brief are that the petitioner had purchased nine decimals of land in the Khasmahal Estate, comprising within Plot No. 28, Holding no. 15 of Village Sirka, from the heirs of late Babu Prafulla Chandra Mitra, by virtue of a Registered sale deed dated - 11.12.1990. Before purchasing the property, the petitioner had obtained due sanction and permission from the competent authority and pursuant to a direction given in the sanction order, the petitioner had deposited the amount whereafter execution and registration of the sale deed was allowed on 11th December, 1990.
(3.) AFTER having acquired the property and coming into possession of the same, the petitioner submitted his application for mutating his name in the year 1991 -92 before the Circle Officer. Subsequently, when no action was taken on his application, the petitioner filed a fresh application for mutation before the Circle officer, which was numbered as Mutation Case No. 7 of 1995 -96. Even when thereafter no order was passed, he filed yet another application on 17.11.2000 on the basis of which a fresh mutation case No. 35 of 2000 -01 was initiated. Ultimately, vide the impugned order dated -13.01.2003, the petitioner has been directed to deposit a sum of Rs.90,000 / -towards Salami for allowing mutation of his name in respect of the lands in question in the revenue records.;