Shaibal Kanti Ghoish And Another v. State Of West Bengal And ORS.

22nd June, 2022 (D/L No.20) (SKB) W.P.A. 1243 of 2022 Shaibal Kanti Ghosh and another

Versus

The State of West Bengal and others Mr. Arup Krishna Das ... for the petitioners.

Mr. Subhabrata Datta, Mr. Debashis Sarakar ... for the State.

The prayer of the petitioner is for a direction on the respondent no.4 being the Additional Registrar of Assurances-I, Kolkata to issue a duplicate copy of the Inspector General of Registration('IGR') receipt containing a description of the indenture of the sale deed executed by the parties as mentioned in the prayer of the writ petition.

Learned counsel appearing for the petitioners submits that despite approaching the concerned authorities, the petitioners' request was refused and no steps were taken by the said authorities.

Learned counsel appearing for the State refers to the relevant provision of the Bengal Revenue Manual, 1928, particularly, paragraph 111(g)(i)(ii) and submits that the concerned authority must be satisfied that the person making complaint has a genuine case.

In the present case, the petitioner filed an affidavit before the 1st Metropolitan Magistrate on 4th September, 2021 stating all the relevant facts including that the advocate of the petitioners expired before getting delivery of the original deed from the office of the Registrar of Assurances-I.

In the view of the court, the affidavit should suffice as document disclosing the necessary particulars and identity of the petitioners.

W.P.A.1243 of 2022 is accordingly disposed of with a direction on the respondent no.4 being the Additional Registrar of Assurances-I, Kolkata to issue a duplicate copy of the 'IGR', as prayed for, in the prayer (a) of the writ petition within a period of 15 days as suggested by learned counsel appearing for the State.

(Moushumi Bhattacharya, J.)