Debasis Datta v. State Of West Bengal And ORS.

D/L.4.

March 12, 2024.

MNS.

WPA No. 9648 of 2022 Debasis Datta Vs.

The State of West Bengal and others Mr. Lalratan Mandal, Mr. Dilip Kumar Sadhu ... for the petitioner.

Mr. Supratim Dhar, Mr. Amritalal Chatterjee ...for the State.

1. When the matter is called on for hearing, learned counsel appearing for the respondent authorities places before the Court the original of the deed, of which certified copy has been sought by the petitioner.

2. Thus, it is evident that contrary to the defence taken by the respondent authorities, the original was not lost in a flood of the year 1978, but is very much available with the respondent authorities.

3. Accordingly, WPA No. 9648 of 2022 is allowed on contest, thereby directing the respondent no. 4, that is, the Additional District Sub-Registrar, Balichak, Paschim Medinipur, to furnish a certified copy of the said document to the petitioner, subject to the petitioner having complied with all formalities

in that regard, as expeditiously as possible, positively within three weeks from date.

4. The respondent nos. 3 and 4 are cautioned to be more diligent in future, since it is evident that an erroneous defence was taken for not issuing the certified copy of the said document to the petitioner in the first place.

5. There will be no order as to costs.

6. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.)