Shakti Trading Company And ORS. v. State Of West Bengal And ORS.
S/L 3 03.02.2026 Court. No. 25 sourav WPA 20367 of 2025 Shakti Trading Company & Anr.
Vs.
The State of West Bengal & Ors.
Mr. Dipankar Saha Mr. Subham Kr. Das Mr. Sk. Kobir ... for the petitiones.
Mr. Jahar Lal De, Ld. AGP Mr. Shamim Ul Bari ... for the State.
1.
The petitioners have filed the present writ application praying for a direction upon the respondent authorities for registration of the sale deed executed on 16.01.1997. 2.
It is submitted by the petitioners that the petitioners have executed one sale deed on 16.01.1997 in favour of Magma Leasing Limited, i.e., the respondent no. 5 in the present case and has submitted in the office of the respondent no. 3 for registration, but till date the same has not been registered.
3.
This Court has called for the report from the respondent no. 2. The Additional Registrar of Assurances-II, Kolkata and the Registrar of Assurance, Kolkata have filed their joint report stating that the petitioners have submitted the deed in the year 1997 but have not made any endeavour to register the same for the last 20 years and on receipt of the communication from the petitioners, the respondent authorities have traced out the deed submitted by the petitioners on 16.01.1997 but it is found that the first page of the deed is not available and as such, the respondents submit that the if the
petitioners will provide the first page of the deed or reconstruct the first page of the deed, the respondents will take appropriate steps for registration to the deed submitted by the petitioners within a period of three months from the date of submission of the first page of the deed.
4.
Heard the learned counsel for the respective parties. 5.
Perused the joint report submitted by the Additional Registrar of Assurances-II, Kolkata as well as the Registrar of Assurance, Kolkata.
6.
This Court finds that the respondents have admitted that the petitioners have submitted the deed on 16.01.1997 for registration but the petitioners have not made any endeavour for registration of the same and after the period of 20 years, the petitioners have made request to the authority for registration of the deed. On receipt of the request, the authorities have traced out the deed lying in the office of the respondents but it is found that during shifting of the records from one office to other office, the first page of the deed has been misplaced. 7.
Accordingly, the petitioners are directed to submit fresh copy of the first page of the deed duly signed by the parties to the respondent no. 2 within a period of two weeks from the date of this order and on receipt of the first page of the deed duly signed by the parties, the respondent no. 3 shall take appropriate steps for registration of the deed within a period of three months on completion of all formalities in accordance with law. 8.
WPA 20367 of 2025 is disposed of.
9.
The petitioners are directed to comply with all the provisions for registration of the deed as per the direction, if any, by the respondent no. 3.
10. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.
(Krishna Rao, J.)