1. Affidavit-of-service, filed in Court today, is taken on record.

2. Ms. Rima Sarkar, learned Advocate appears for the petitioner.

3. Mr. Shubhankar Dutta, learned Advocate appears for the State.

4. None appears for the respondent no.3, despite notice.

5. None appears for the private respondent nos. 5 and 6.

6. Considering the issue involved in this writ petition it appears to this court, that, respondent no.3 is the appropriate and jurisdictional authority to decide the issue.

7. Mr. Deborshi Dhar, learned Advocate present in Court, who normally appears for the respondent no.3, is requested to appear in the matter and hold the brief to assist this Court henceforth. His appearance shall be regularized forthwith by the appropriate authority.

8. Learned Advocate for the petitioner shall serve a copy of the writ petition upon Mr. Dhar in course of the day.

9. Considering the case made out in the writ petition and considering the submissions on behalf of the petitioner it appears to this Court that, the petitioner has made out two-fold cases:

               a) The land in question was leased out to the deceased husband of the petitioner. The husband died on July 5, 2019 and since then the lease has not been transferred in the name of the petitioner;

               b) An alleged trespass is there on the land at the behest of the private respondent which is required to be removed.

10. The admitted fact is that, despite application having been made by the petitioner, the lease has not yet been transferred in respect of the land in her favour. Therefore, the second limb of prayer and its maintainability insofar as the alleged trespass is concerned at the behest of the private respondent are not required to be gone into at this stage.

11. This writ petition is being considered with a restricted prayer for transfer of lease in favour of the petitioner, if otherwise permitted in law. However, it is made clear that, the question of issue relating to trespassing has not been gone into by this Court and the same may be agitated by the petitioner in accordance with law if situation so arises.

12. When the petitioner made a prayer for transfer of lease the SJDA by its communication dated March 18, 2024, Annexure-P4 at page 52 to the writ petition has pointed out certain procedural defects and raised certain clarifications. The petitioner by its communication dated March 3, 2025, Annexure-P5 at page 53 to the writ petition has submitted the clarifications. The SJDA further by its communication dated May 14, 2025, Annexure-P6 at page 91 to the writ petition had further sought for certain clarifications to which the petitioner gave her clarifications through her communication dated May 30, 2025, Annexure-P7at page 92 to the writ petition. The petitioner finally submitted a representation dated June 8, 2026, Annexure-P8 at page 104 to the writ petition.

13. Considering the submissions made on behalf of the parties it appears to this Court that, the petitioner may be given another opportunity to have her representation dated June 8, 2026, Annexure-P8 at page 104 to the writ petition to be considered by the respondent no.3 in accordance with law with a reasoned decision.

14. Accordingly following directions are made :

               a) Petitioner shall forthwith serve a copy of this writ petition upon the respondent no.3;

               b) The respondent no.3 thereafter upon issuing a prior hearing notice of at least seven days to the petitioner and after granting her an opportunity of hearing shall decide the last representation dated June 8, 2026, Annexure-P8 at page 104 to the writ petition by passing a reasoned order in accordance with law;

               c) The entire exercise shall be carried out and completed by the respondent no.3 positively within six weeks from the date of communication of this order;

               d) During the hearing, the petitioner shall be at liberty to refer to a copy of the writ petition;

               e) In the event, the reasoned decision goes in favour of the petitioner, the respondent no.3 and/or any other appropriate authority shall immediately transfer the lease in favor of the petitioner but positively within four weeks from the date of the said reasoned order to be passed upon compliance of all necessary formalities required in accordance with law.

15. Since the alleged issue of trespassing is not required to be gone into at this stage, the private respondents are not required to be granted any opportunity of hearing.

16. It is made clear that, this Court has not gone into the merits of this writ petition and all points are kept open for the petitioner to urge before the respondent no.3 but the same shall not travel beyond the scope of this writ petition in a restricted manner, as indicated herein.

17. It is also made clear that, this order shall not create any right or equity in favour of the petitioner if the petitioner is otherwise not eligible to receive her claim for transfer of lease strictly in accordance with law.

18. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

19. With the above observations and directions the writ petition, WPA 1495 of 2026 stands disposed of without any order as to costs.

20. Parties shall act on the server copy of this order duly obtained from the official website of this Court.

21. Photostat certified of this order, if applied for, be furnished expeditiously.