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Calcutta High CourtWPA/21458/2019disposed

Sanjoy Prasad Gupta v. State Of West Bengal & ORS

2025-08-29Hon'Ble Justice Subhendu Samanta3 pages

29.08.2025 SL No.13 Court No.24 Ali WPA 21458 of 2019 Sanjoy Prasad Gupta

Versus

The State of West Bengal & Ors.

Mr. Dipta Dipak Banerjee Mr. Diwakar pathak ...... for the petitioner.

Mr. Gourav Das, Mr. Chandi Charan De .... for the State.

Affidavit-of-service filed on behalf of the petitioner be taken on record.

Petitioner intends to execute/register a Deed of sale at the office of Additional District Sub-Registrar, Dist.:Burdwan. Consequent to the report of query, the petitioner has deposited a sum of Rs. 1,16,241/- at the office of respondent No. 3 through E- Challan on 23rd of December, 2016. Consequently, the Sale Deed was not registered. Accordingly, the petitioner prayed for refunding the said deposited amount. For that reason, he filed the representation on 31st of October, 2019 but, the authority concerned did not respond thereto; hence this writ.

Learned counsel appearing on behalf of the State submits that the prayer made in the writ petition appears to be true and bona fide.

Accordingly, the respondent No. 3 may be directed to act according to law.

Having heard the learned counsel for the parties also considering the nature and instances happened herein it appears that though the petitioner has deposited the amount of Rs.

1,16,241/- through E-Challan but, the registration of the said Sale Deed was not done. Accordingly the amount required to be refunded.

Under the above observations, the instant writ petition is disposed of.

The petitioner is directed to file a fresh representation to the office of the Additional District Sub-Registrar, Dist.:Burdwan, coupled with the copy of this order within two weeks from the date of passing of this order.

On submission of such representations, the concerned Additional District Sub-Registrar, Dist.:Burdwan, shall dispose of the representation according to law after giving a reasonable opportunity of being heard to the petitioner within two weeks thereafter.

The decision of the authority shall be communicated to the petitioner within two weeks thereafter.

Under the above observations, the instant writ petition is disposed of.

Since no affidavits are exchanged between the parties. Allegation made in the writ petition shall be deemed to have been not admitted Parties to act upon the server copy and urgent certified copy of this order be provided on usual terms and conditions.

(Subhendu Samanta, J.)