JUDGEMENT
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(1.)It is revealed from the petition that the first petitioner is the lessee in respect of a plot of land measuring little more than 5 cottahs, bearing No.B- 10/132 at Kalyani Township (hereafter the said plot). The Government of West Bengal is the lessor.
(2.)The first petitioner by a writing on plain paper dated 4.12.2007, addressed to the Estate Manager, respondent no.2, sought for permission to transfer the leasehold interest of the said plot along with construction made thereon in favour of the second and the third petitioners. It was indicated therein that the first petitioner was facing family trouble as well as financial hardship which led him to decide in favour of such transfer. For the purpose of transfer processing fees, the first petitioner had deposited Rs.500/- with the treasury on 11.12.2007. The petition further reveals that the petitioners had submitted a joint application dated 20.12.2007 seeking permission of the respondent no.2 for transfer of the leasehold interest in the said land in favour of the second and third petitioners.
(3.)The respondent no.2 by his memo dated 12.5.2008 conveyed to the petitioners that their prayer for permission to transfer leasehold interest of the said plot was under consideration of the Government and that they were required to deposit of Rs.8,98,125/- only as transfer permission fees in terms of notification dated 18.12.2007. It is noted that by the notification dated 18.12.2007, the Principal Secretary to the Government of West Bengal, Urban Development Department had notified the revised rates of fees for transfer of leasehold right of different categories of land at Kalyani Township. In so far as residential plots is concerned, the notification provided as follows :
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c) Residential:- i) Less than 3 cottahs of the land value ii) Between 3 & 4 cottahs iii) Above 5 cottahs of the land value same as land value
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