Bapi Dutta v. State Of West Bengal & ORS

01-09-2021 ct no. 13 Sl.111 sp W.P.A. 4891 of 2018 Bapi Dutta -VersusThe State of West Bengal & Ors.

(Via Video Conference) Mr. Satrajit Bandopadhyay, ld. Jr. Standing Counsel Mr. Tapan Roy ...for the petitioner Mr. Sirsanya Bandopadhyay, ld. Jr. Standing Counsel, Mrs. Sudeshna Das Majumdar ...for the State The writ petition has been mentioned for upgradation on the ground of urgency.

This Court sees absolutely no such urgency.

The brief facts of the case are that lease is stated to have been executed on 4th April, 2012 by the petitioner with one Sankar Das. The petitioner seeks to have such leasehold interest registered by a selfdeclaration. This Court is of the view that such purported lease cannot be allowed to be registered since rights in respect of a property are claimed in rem. A sole declaration of any lease with a deceased person is absolutely of no value or consequence. The question of any registration of such document cannot be allowed. Hence, the writ petition shall stand dismissed. There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)