STATE OF W B Vs. KABITA AGARWAL

JUDGEMENT

(1.) The writ petitioner-respondent No. 1 filed a writ application, being W.P. No. 980 of 2003, inter alia, praying for a direction upon the respondents to mutate her name in respect of plot No. 76, Block 'DL' in Sector-II, Bidhan Nagar, Kolkata, upon quashing the letters dated 15th October, 2001 and 9th July, 2002, being Annexures P-12 and P-14 to the writ petition.

(2.) The case as made out in the writ petition is that the writ petitioner is a beneficiary of the Will of one Satya Narayan Khowala, along with her two sisters-in-law, in respect of the aforesaid plot. According to the writ petitioner, by a letter dated 10th December, 1986, the State Government granted and demised the aforesaid plot measuring 4.20 cottahs in favour of Satya Narayan Khowala, said to be the uncle of the writ petitioner, and his two sons, Khem Chand Khowala and Mahesh Kumar Khowala, each having a l/3rd undivided interest in the demised land. According to the writ petitioner, by a family arrangement made on 1.2.1996 between Satya Narayan Khowala and his two sons, it was agreed that the leasehold land would stand transferred and allotted to Satya Narayan Khowala exclusively and his two sons thereby relinquished their right, title and interest in the said land. It was also agreed that the family arrangement would be irrevocable and binding on the legal heirs of Khem Chand Khowala and Mahesh Kumar Khowala.

(3.) Subsequent to the family arrangement, by a Will dated 21.1.1997 Satya Narayan Khowala bequeathed his right, title and interest in the entire plot to the writ petitioner and her two sisters-in-law, Indira Agarwal and Manju Agarwal. The legatees thereupon applied to the concerned authority of the State Government for transfer and assignment of right and title in the said plot in their favour along with the copy of death certificate of Satya Narayan Khowala who had died in the meantime. At this juncture it may also be mentioned that upon the demise of Satya Narayan Khowala his Will was probated on the application of the legatees on 19th August, 1999.