Arun Kumar Maity And ORS v. State Of West Bengal And ORS.

02.03.2023 Ct . 5 D/L 27 ab WPA 2676 of 2022 Arun Kumar Maity & Ors.

-VsThe State of West Bengal and others Mr. Debnarayan Patra, ... for the petitioner Mr. Saikat Chatterjee ... for the State.

The affidavit of service is taken on record.

The petitioners pray for a mandamus on the respondents for releasing the registered Deed being Deed No. 5237 of 1990 which is pending with the Additional District Sub-Registrar, Contai-I, District Purba Medinipur.

Learned counsel appearing for the petitioners relies on orders passed in similar facts by this Court as well as the co-ordinate Bench.

The State is represented.

After hearing learned counsel and following similar orders passed in other matters, the petitioners are directed to put in the cash equivalent to the dues which is payable in respect of the Deed presented for registration in 1990 to the Registering Authorities. After the deposit is received by the Authorities, the deposit shall be kept in an interest bearing fixed deposit

account with any nationalized bank. The Authorities will thereafter provide the certified copy of the Deed to the petitioners.

Since the investigation is going on, if the petitioners are found to be guilty of forgery or any other offence, the money deposited by the petitioner shall be appropriated by the Registering Authority. If the trial finds otherwise, the money shall be returned to the petitioners along with interest.

The certified copy of the Deed shall be returned to the petitioners within a period of four weeks from the date of deposit as directed.

WPA 2676 of 2022 is disposed of in terms of the above.

(Moushumi Bhattacharya, J.)