Basudev Das v. State Of West Bengal &ORS

12.07.2022 sayandeep Sl. No. 15 Ct. No. 05 WPA 5496 of 2017 Sri Basudev Das -Versus- State of West Bengal & Ors.

Mr. Narayan Chandra Mondal ......for the petitioner Mr. Robiul Islam ...for the State The petitioner prays for a direction on the District Registrar of Registration and other respondents including the Inspector-in-Charge of the Basirhat Police Station for furnishing Xerox certified copy of a Deed dated 06.09.1990. Counsel relies on an order of coordinate Bench of 31.08.2015 where the Court relying on an order of the Division Bench, directed the petitioner to deposit the amount to the respondents within a fortnight from the date of the order. According to the petitioner, the said amount was not accepted by the respondent authorities since the petitioner made an attempt to deposit the amount much after two weeks. After hearing learned counsel, WPA 5496 of 2017 is disposed of with the direction on the respondent No. 6 being the Inspector-in-Charge, Basirhat Police Station to make over the Deed to the respondent No. 4 being the Additional District Sub Registrar, Basirhat within a period of three weeks from date. The petitioner shall

thereafter make payment of the amount equivalent to the aggregate value of the stamp papers for the purpose of registration with the registering authority together with an application within four weeks from the date on which the respondent No. 4 informs the petitioner that the Deed has been made over to the respondent No. 4 by the respondent No. 6. The registering authority shall thereafter supply the certified copy of the documents, which shall be used for all practical purposes. The concerned authorities shall be at liberty to proceed with the enquiry in relation to the alleged forgery of the documents. The amount shall also be kept deposited in a term deposit until the investigation is complete. If it is found after trial that the stamp papers are forged, the amount deposited shall be handed over to the appropriate authority.

If it is found that the stamp papers are genuine, the amount deposited shall be returned to the petitioner within four weeks from the date of decision in the trial. The respondents shall try to complete the investigation and trial within an outer limit of 4 months from today.

(Moushumi Bhattacharya, J.)