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Calcutta High CourtWPA/21888/2022disposed

Ajit Das v. State Of West Bengal And ORS.

2022-11-29Hon'Ble Justice Suvra Ghosh2 pages

29.11.2022 rc/ct.no.10 Item No.56 WPA No. 21888 of 2022 Mr. S.P.Pahari ...for the Petitioner Mr. Arindam Chattopadhyay Mrs. Lipika Chatterjee ...for the State Report submitted on behalf of the State-respondents is taken on record.

It appears from the said report that prior to completion of registration of the deed in question, it was detected that the stamp papers used in the said deed was forged. The deed along with other documents were seized by the District Enforcement Branch and were later kept in custody of the then ADSR, Contai-I. The respondents agree to hand over certified copy of the said deed subject to depositing stamp papers of equal value by the petitioner, if directed by the Court.

Since it prima facie appears that the stamp papers used in the deed was forged and the petitioner agrees to replace the said forged stamp papers with genuine ones of the same value, the petitioner is directed to deposit the same equivalent to the allegedly forged stamp papers used in the deed before the 2nd respondent within three weeks from date. Upon receipt of such amount and fulfillment of other formalities as required, by both the parties, the 2nd respondent shall hand over certified copy of the said deed to the petitioner within one month thereof.

The 2nd respondent shall keep the said amount in an auto renewing interest bearing fixed deposit account in any nationalised bank.

With the above observations and directions this writ petition is disposed of.

There shall be, however, no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)