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Calcutta High CourtWPA/25540/2023disposed

Sri. Trilochon Mahato v. The District Magistrate And Collector, Purulia And ORS.

2023-11-30Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

AD-04 Ct No.09 30.11.2023 TN WPA No. 25540 of 2023 Sri Trilochon Mahato Vs.

The District Magistrate and Collector, Purulia and others Mr. Chittapriya Ghosh, Mr. Kuntal Roy, Ms. Priyanka Saha .... for the petitioner 1.

Affidavit-of-service filed today be kept on record. None appears for the respondents at the time of call.

2.

The limited grievance of the petitioner is that the petitioner purchased a property and obtained permission under the Chhotonagpur Tenancy Act, 1908.

3.

An order to that effect was obtained on July 09, 1964, a certified copy of which is now required by the petitioner to assert his rights regarding the property. However, although the application for certified copy of the said order made by the petitioner has been accepted by the respondentauthorities, no certified copy has been issued to the petitioner.

4.

It transpires that the date of the order, of which certified copy is now required, is July 09, 1964 and it is not clear before the court as to whether the records are still being retained by the respondent-authorities. However, the respondentauthorities are duty-bound to decide either way, since they have already accepted the petitioner's application for certified copy.

5.

Accordingly, WPA No. 25540 of 2023 is disposed of by directing the respondent no.1 to ensure that either a certified copy is given to the petitioner of the order referred to above, pursuant to the petitioner's application for such certified copy, within three weeks from date, or alternatively the respondent no.1 shall communicate in writing to the petitioner through her/his office as to why the said certified copy cannot be given to the petitioner, if there is any valid impediment to that effect on the part of the respondents.

6.

The parties shall act on the server copy of this order without insisting upon prior production of a certified copy thereof.

7.

There will be no order as to costs.

8.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)