Sourendra Nath Pal & ANR v. Kolkata Metropolitan Development Authority & ORS

S/L 10 15.07.2024 Court. No. 22 Sourav CPAN 457 of 2024 In WPA 17384 of 2018 Sri Sourendra Nath Pal & Anr.

Vs.

Smt. Antara Acharya & Ors.

Mr. Syamantak Banerjee ... for the petitioners.

Mr. Satyajit Talukdar ... for the alleged contemnor no. 3.

1. The writ petitioner and the alleged contemnor no. 3 are represented by their respective learned advocates.

2. Learned advocate for the alleged contemnor no. 3 has handed over some photocopies of the communications. Let those communications (three numbers) are taken on record.

3. On perusal of the photocopies of the said three communications and after hearing the learned advocates for the contending parties, it reveals that when the deed of conveyance in question was presented to the Additional District Sub-Registrar, Alipore, it was returned since some discrepancies have been noticed in the floor plan attached to the said deed of conveyance.

4. It is reported that the matter has been brought to the notice of the alleged contemnor no. 3 and, thereafter, under cover of a letter dated July 8, 2024 corrected new floor plan in respect of the Flat No. DD-702 and Semi Covered Garage space no. DD-72 has been forwarded to the writ petitioners after its due execution for presentation of the same before the ADSR, Alipore along

with the duly stamped deed of conveyance by the writ petitioners.

5. It is submitted on behalf of the writ petitioners that since the writ petitioners are very advanced its age, they have in the meantime left India for Germany to spend sometimes with their daughter and they are expected to return on September 27, 2024.

6. In view of such, liberty is given to the writ petitioners to appear either before the Registrar of Assurance, Kolkata or the Additional District Sub-Registrar, Alipore along with the duly executed registered deed of conveyance with the newly executed floor plan in respect of the aforesaid flat and semi covered garage space and on its presentation, the Additional District Sub-Registrar, Alipore or the Registrar Assurance, Kolkata shall accept such deed of conveyance for registration if the same is otherwise found in accordance with law.

7. This Court in exercise of its plenary power condone the delay, if therebe any, in presenting the deed of conveyance for registration for the reason quoted hereinabove.

8. Let the matter be listed in the Combined Monthly List of November, 2024.

9. Department is hereby directed to forward copies of this order to the Registrar of Assurance, Kolkata and to the Additional District Sub-Registrar, Alipore.

10. The writ petitioners as well as the alleged contemnor no. 3 both are also directed to forward the server copies of

this order to the Registrar of Assurance, Kolkata and the Additional District Sub-Registrar, Alipore.

(Partha Sarathi Sen, J.)