Ashoke Kumar Bari v. State Of West Bengal And ORS.

14th July, 2022 (D/L No.18) (SKB) W.P.A. 14898 of 2022 Ashoke Kumar Bari

Versus

The State of West Bengal and others Mr. Tarasankar Samanta ... 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 return of the Deed of Conveyance dated 11th February, 1991. The petitioner accordingly seeks a direction on the Additional District Sub-Registry Office, Purba Medinipur, to take the required steps.

After hearing learned counsel appearing for the parties and following similar orders passed by coordinate Benches on similar facts, the petitioner is directed to put in the cash equivalent to the sum dues which is payable in respect of the Deed 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

within four weeks from the date on which the petitioner deposits the amount.

The aforesaid amount shall be kept deposited till the investigation is complete and the trial is over. 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 State Government. On the other hand, if 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 shall make a serious effort to conclude the trial preferably within a period of six weeks from today.

W.P.A.14898 of 2022 is disposed of in terms of the above.

(Moushumi Bhattacharya, J.)