Shashanka Shekhar Giri v. State Of West Bengal And ORS.

23rd June, 2022 (D/L No.22) (SKB) W.P.A. 8535 of 2022 Shashanka Shekhar Giri

Versus

The State of West Bengal and others Mr. Debnarayan Patra, Mr. Debasish Kundu, Ms. Doyel Dey ... 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 respondent for releasing the registered Deed being Deed No.1348 of 1991 which is pending with the Sub-Registry Office at Contai.

Learned counsel appearing for the petitioner relies on orders passed in similar facts by Co-ordinate Bench of this court.

The State respondents are represented.

After hearing learned counsel and following the chain of orders passed in similar matters, the petitioner is directed to put in the cash equivalent to the sum dues which is payable in respect of the Deed presented for registration in 1991 to the Registering Authorities. After such 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.

The aforesaid amount shall be kept deposited till the investigation is complete and the trial is over, ideally in a term deposit, if possible. If it is found in the trial that the stamp papers in question are forged, then the amount so to be deposited with the registering authority, shall be handed over to the appropriate authority, viz. The State Government. In the event, it is found that the stamp papers are genuine, the amount so to be deposited, shall be returned to the petitioner. The concerned court below will make a serious effort to conclude the trial preferably within a period of six months from today.

W.P.A. 8535 of 2022 is disposed of in terms of the above.

(Moushumi Bhattacharya, J.)