Santi Ranjan Paul v. State Of West Bengal And ORS.

AD-27 Ct No.09 21.02.2024 TN WPA No. 527 of 2024 Santi Ranjan Paul Vs.

The State of West Bengal and others Mr. Apratim Bhattacharya, Mr. Sagar Chowdhury .... for the petitioner Mr. Amal Kr. Sen, Ld. AGP, Ms. Sahina Sumi .... for the State 1.

Learned counsel for the petitioner contends that petitioner presented a sale deed for registration, bearing Book No. I, Deed No. 5522 for the year 1990.

2.

However, the registration was not completed since an allegation had been made by the Registering Authorities to the effect that the stamp papers on which the same was executed were forged. A criminal trial is also going on in that connection.

3.

The petitioner is agreeable to put in the money equivalent of the allegedly forged stamp papers for getting the deed registered and a certified copy of the deed.

4.

Learned counsel for the petitioner alternatively prays for release of the deed in favour of the

petitioner after registration, since it is pointed out that the same was not one of the seized articles in connection with the criminal trial.

5.

Learned counsel for the State submits that since the deed is the subject-matter of criminal trial, it might not be prudent to release the deed immediately in original to petitioner.

However, a certified copy of the same, upon registration, can be issued to the petitioner if the petitioner complies with due formalities in that regard.

6.

Accordingly, WPA No. 527 of 2024 is disposed of by directing the petitioner to deposit the money equivalent of the allegedly forged stamp papers, on which the sale deed bearing Book No. I, Deed No. 5522 for the year 1990 was executed, to the respondent no.4, that is, the Additional District Sub Registrar, Cossipore Dum Dum within a week from date.

7.

Upon such deposit being made, the respondent no.4 shall immediately complete the process of registration at the earliest.

8.

Upon such registration being completed, in the event the petitioner applies for a certified copy and complies with formalities regarding issuance of the same, certified copy of the registered deed

shall be issued to the petitioner by respondent no.4.

9.

It is made clear that nothing in this order shall prejudice in any manner the criminal trial going on regarding the alleged forgery of the stamp papers. The petitioner will also be at liberty to make an application before the concerned criminal court, if so advised, seeking release of the said deed in original, after registration, in favour of the petitioner subject to any condition which may be imposed by the criminal court during the trial.

10. The parties and all concerned shall act on a server copy of this order for the purpose of compliance without insisting upon prior production of a certified copy thereof.

11. There will be no order as to costs.

12. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)