Calcutta High Court
Property and Real Estate LawAdministrative and Public Law

Heirs seeking entry under a predecessor’s recording order must apply for mutation in the prescribed format.

DEBABRATA PAL AND ANR. vs STATE OF WEST BENGAL AND ORS.

Calcutta High CourtJUDGMENT: October 14, 20262 MIN READSOURCE JUDGMENT
Heirs seeking entry under a predecessor’s recording order must apply for mutation in the prescribed format.. DEBABRATA PAL AND ANR. vs STATE OF WEST BENGAL AND ORS.. Calcutta High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners’ predecessor, Prabodh Chandra Pal, and other co-owners sought correction of the records of rights on the basis of a “Nirupan Patra.”

Source reference: para. 2

The West Bengal Land Reforms and Tenancy Tribunal directed correction in their favour; the High Court later set aside that order, but the Supreme Court allowed a challenge and affirmed the Tribunal’s order.

Source reference: para. 2–5

The petitioners, claiming as Prabodh Chandra Pal’s heirs, then sought recording of their names.

Source reference: para. 6

The Tribunal dismissed their original application because they had made a representation rather than filing an application in the prescribed format, while granting them liberty to do so.

Source reference: para. 6–7

By the time of the writ petition, the petitioners had filed the prescribed mutation application and sought its expeditious disposal.

Source reference: para. 10–11
02

Issues

Whether the Tribunal’s dismissal of the original application, on the ground that the petitioners should file a prescribed mutation application rather than rely on a representation, warranted interference.

Source reference: para. 7–9, 12

Whether the respondent authority should be directed to dispose of the petitioners’ subsequently filed mutation application expeditiously.

Source reference: para. 10–13
03

Law Applied

The judgment identifies no specific statute, regulation, or independent precedent as the basis for its decision.

Source reference: no citation

It proceeds on the procedural principle that a claim to record heirs’ names through inheritance may be pursued by filing the prescribed mutation application, and that such an application is subject to compliance with the required formalities.

Source reference: para. 7, 9, 13

The Tribunal’s earlier direction, affirmed by the Supreme Court, concerned recording the names of Prabodh Chandra Pal and the other co-sharers; the present petitioners claimed as his heirs.

Source reference: para. 3–6
04

Reasoning

The petitioners argued that recording their names should be treated as compliance with the Tribunal’s earlier direction, rather than as a mutation claim.

Source reference: para. 8–9

The State maintained that, because the petitioners claimed through inheritance, they should use the prescribed mutation procedure.

Source reference: para. 8–9

Since the petitioners had in the meantime filed an application in the prescribed format, the Court found no reason to interfere with the Tribunal’s order and instead directed the competent officer to decide that application.

Source reference: para. 10–13
05

Holding

The High Court disposed of the writ petition without interfering with the Tribunal’s order dated 10 March 2026.

It directed the Block Land and Land Reforms Officer, Nandigram-I, to dispose of the petitioners’ mutation application as expeditiously as possible, preferably by 24 December 2026, and to mutate their names subject to compliance with all due formalities.

Source reference: para. 12–14

There was no order as to costs.

Source reference: para. 12–14
Calcutta High Court

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DEBABRATA PAL AND ANR.vsSTATE OF WEST BENGAL AND ORS.

Calcutta High Court · October 14, 2026

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