Barun Kumar Saha And ORS v. State Of West Bengal And ANR

21.06.2022 Ct. 5 D/L 14 ab WPA 10895 of 2022 (Through Video Conference) Barun Kumar Guha & Ors.

-VsState of West Bengal & Ors.

Mr. Suvasish Sengupta, Mr. Sarosij Dasgupta, Mr. Samrat Mukherjee ... for the petitioners Mr. Soumitra Mukherjee ... for the State The six petitioners claim to be in an identical position as those in WPA 11631 of 2021 (Pramatha Nath Roy Vs. State of West Bengal), which was disposed of by a coordinate Bench by an order dated 10th January, 2022 directing the Registrar of Assurances, Kolkata, to consider the representation of the petitioners and dispose of the same in accordance with law.

The petitioners pray for execution of deed of rectification pursuant to certain errors made to the floor numbers in the flats purchased by the petitioners from the respondent no.4, Swapnalaya Co-operative Housing Society Limited. Pursuant to the order of the learned Single Judge, the Registrar of Assurances gave a reasoned order in disposing of the representation and

recognized that the mistake was a bona fide mistake and the petitioners should be given the relief sought for in the manner as indicated in the said order. The Registrar of Assurances is represented and the learned counsel submits that similar direction may be passed in the present matter.

The writ petition is disposed of with a direction on the respondent no. 2 being the Registrar of Assurances, to consider the representation made by the petitioners on 20th May, 2022 and dispose of the same by passing a reasoned order similar to the other matter within a period of three weeks from today. If the facts are found to be identical to the matter, which was disposed of pursuant to the direction of the coordinate Bench, the Registrar of Assurances shall pass similar order as passed in the other matter. A copy of the reasoned order shall be made available to the petitioners within a week from the date of passing such order. The respondent no. 3 being the Additional Registrar of Assurances-I will execute the order passed by the respondent no. 2 within the timeframe as directed above.

WPA 10895 of 2022 is disposed of in terms of the above.

( Moushumi Bhattacharya, J.)