Saktipada Maity @ Saktipada Maiti v. State Of West Bengal & ORS

02.03.2023 Ct . 5 D/L 20 ab WPA 4503 of 2020 Shaktipada Maity @ Saktipada Maiti

Versus

The State of West Bengal and others Mr. Debnarayan Patra, ... for the petitioner Mr. Nilotpal Chatterjee, Mr. Amrit Lal Chatterjee ... for the State.

The affidavit of service is taken on record.

The petitioner prays for a mandamus on the respondents for releasing the registered Deed being Deed No. 3946 of 1991 which is pending with the Additional District Sub-Registrar, Contai-I, District Purba Medinipur.

Learned counsel appearing for the petitioner 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 petitioner is directed to put in the cash equivalent to the dues which is payable in respect of the Deed presented for registration in 1991 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 petitioner. Since the investigation is going on, if the petitioner is 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 petitioner along with interest.

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

WPA 4503 of 2020 is disposed of in terms of the above.

(Moushumi Bhattacharya, J.)