Abu Chalam Mondal @Abusalam Mondal v. State Of West Bengal And ORS.

04.09.2025 d.p.

In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 19196 of 2024 In the matter of :

Abu Chalam Mondal .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Rabindra Kumar Mitra Ms. Poulomi Bhowmick Mr. Sourjya Das ....Advocates For the State:

Mr. Sk. Galib, Sr. Adv, Mr. Kapil Guha.

....Advocates

1. Report dated 2nd September, 2025 filed by the Deputy Commissioner of Stamp Revenue (Legal) in Court today is taken on record.

2. It is submitted by the petitioner that the deed presented for registration in the year 2005-2006 has not been returned citing pendency of a criminal case.

3. The IGR issued at the time of presentation of the deed is annexed at pages 17-18 of the writ petition.

4. Learned advocate representing the State respondents submits, upon instruction that, the deed could not returned due to the restrictions imposed by the finance department vide Memo No.-757/FT/FT/0/1E-07/07-Regn dated-28/05/2007.

5. A report in the form of an affidavit has been filed by ADSR Guma annexing orders passed by this Court where deeds were directed to be returned in similar type of matters.

6. It has been brought to the notice of the Court that the criminal case which was pending has since been dropped. No impediment has been placed before this Court standing in the way of the respondent authorities to hand over the registered documents to the petitioner.

7. In view of the above, the instant writ petition is disposed of by directing the ADSR, Guma to hand over the registered deed in question to the petitioner subject to compliance of necessary formalities, if any, at the earliest but positively by 26th September, 2025.

8. The writ petition stands disposed of.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)