Sk. Abdul Sabir & Associates v. State Of West Bengal & ORS

20.12.2021 Court No.13 Item No.18 AP WPA 23886 of 2019 Sk. Abdul Sabir & Associates Vs.

The State of West Bengal and Ors.

(Through Video Conference) Mr. Biswaroop Bhattacharya Ms. Surasri Baidya ... For the Petitioner.

Mr. Kallol Mondal Mr. Gurudas Mitra Mr. Krishan Ray, Ms. Amrita Chel Mr. Souvik Das Mr. A. Banerjee ... For the Added Respondent.

Pursuant to the order dated 19th November, 2014 passed by the learned Civil Judge (Junior Division), 2nd Court, Arambag in Title Suit No.70 of 2011, the ADSR, Arambag has communicated to the Civil Judge (Junior Division), 2nd Court, Arambag regarding the valuation of a certain Memorandum of Understanding. The sum payable by the petitioner was assessed at Rs.1,06,02,650/- in terms of Article 23 of the Indian Stamp Act.

The petitioner is aggrieved by the valuation of the ADSR, Arambag, which appears to have been extracted from computer as e-Assessment Slip. It appears from the record that the Collector, Hooghly was directed by the Civil Judge (Junior Division), 2nd Court, Arambag to effect the valuation.

Since the direction was on the Collector and even otherwise the latter is the next highest authority above the

ADSR, Arambag, the Collector shall consider the matter within a period of one month from the date of receipt of a copy of this order and a reasoned order may be passed on the valuation of the Memorandum of Understanding after giving hearing to all the concerned parties and/or their legal representatives and communicate the order to the Civil Judge (Junior Division), 2nd Court, Arambag. With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)