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Calcutta High CourtFMA/287/2023disposed

Soumitra Kumar Jha And ORS v. State Of West Bengal And ORS.

2025-08-20Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Ajay Kumar Gupta2 pages

20.08.2025.

Item No. 20.

Court No. 13 ap F.M.A. No. 287 of 2023 With I.A. No. CAN 1 of 2023 Soumitra Kumar Jha & Ors.

Versus

The State of West Bengal & Ors.

Mr. B. N. Ray, Ms. Shetparna Ray.

...For the appellants.

Mr. Suddhadev Adak.

...For the State.

1.

The private respondents are once again not represented.

2.

Having considered the entire facts and records of the case and the earlier order passed by a Co-ordinate Bench of this Court, this Court is of the view that F.M.A. 287 of 2023 can be disposed of by directing the District Collector Malda to cancel Deed No. 2947 of by the District Collector, Malda and consequently all the Title Deeds registered based on the said Title Deed No. 2947 of 2010 shall also stand automatically cancelled.

3.

The Collector, Malda shall pass a formal order to this effect and cause necessary entries to be made in the records of the District Registrar, Malda. 4.

The original Title Deed, in respect of 88 decimals of land standing in the name of Soumitra Kumar Jha, Soumendra Jha and Mukul Jha, shall be the last recorded document in respect of the said 88 decimals

of land and the land of the appellants more fully described in the writ petition. Title to the 88 decimals of land that was the subject matter of cancelled Deed No.2947 in Book No.I, for the year 2010 before the Additional District Sub-Registrar, Manikchak shall remain with the three appellants.

5.

Manikchak Police Station has registered FIR in respect of the forgery and tampering with the Official Records while preparing Deed No. 2947 entered in Book No.I for the year 2010 before the Additional District Sub-Registrar, Manikchak.

6.

It is expected that the investigation is completed and charge-sheet is filed mandatorily and positively within a period of two months from date.

7.

With the aforesaid directions, F.M.A. 287 of 2023 shall stand disposed of.

8.

In view of disposal of the appeal itself, the connected application being CAN 1 of 2023 shall also stand disposed of.

9.

There will be no order as to costs.

10.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)