Abhijit Ghosh And ANR. v. State Of West Bengal And ORS.

11.08.2021.

Item no. 67.

Court No.13 ap W.P.A. No. 7635 of 2021 (Through Video Conference) Abhijit Ghosh & Anr.

Versus

The State of West Bengal & Ors.

Mr. Mahananda Ray.

...For the petitioners.

Leave is granted to the Counsel for the petitioners to correct the prayer portion of the instant writ application.

Affidavits-of-service and notices of upgradation filed in Court today are taken on record.

Despite notice, the respondents are not represented.

The petitioners obtained a Housing Loan from the LIC Housing Finance Limited and has liquidated the entire dues. A "no due" certificate dated 18th April, 2007 has been issued to the petitioner by the LIC Housing Finance Limited. LIC Housing Finance Limited has also withdrawn and waived any charge on the subject property.

By a communication dated 18th April, 2007 LIC Housing Finance Limited stated to have written to the Registrar of Assurances, Kolkata for the original Conveyance Deeds being Nos.6458 and 6459 dated 22nd November, 1996 to be given to the writ petitioners.

It appears that the petitioners have not received the said title deeds till date.

The petitioner has been communicating in vain with the LIC Housing Finance Limited as well as Registrar of Assurances, Kolkata from 2009 and from time to time thereafter until 2018 and lastly on 2nd February, 2021.

In that view of the matter, the Registrar of Assurances, Kolkata shall hand over the original title deeds nos. 6458 and 6459 both dated 22nd November, 1996 in respect of Flat Nos.5 and 6 at premises 51/3A, Brojen Mukherjee Road as known as 101A, Brojen Mukherjee Road, Police Station - Behala, Kolkata - 700 034 to the petitioners positively and mandatorily within a period of one month from the date of receipt of a copy of this order.

The petitioners shall bear any expenses and costs that may be leviable therefor and comply with any formalities of the Registrar of Assurances, Kolkata. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)