Nirmal Mondal And ANR. v. State Of West Bengal And ORS.
3RD Sept.,2025 In the High Court at Calcutta Item no.D/L 18 Court No. 14 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.
WPA 27151 of 2024 In the matter of :
Nirmal Mondal & Anr.
.... Petitioners VS.
The State of West Bengal & Ors.
....Respondents For the Petitioners:
Mr. Rabindra Kumar Mitra Ms. Poulomi Bhowmick Mr. Sourjya Das ....Advocates For the State:
Mr. Rabindra Nath Bag, Sr. Adv.
Mr. Md. Abu Raja Jaglul Kabir Mr. Sk. Md. Wasim Akram Mr. Piyas Choudhury ....Advocates
1. Report in the form of an affidavit on behalf of the respondent no. 3 filed in Court today is taken on record.
2. It is submitted by the petitioners that the four deeds presented for registration in the year 2005-2006 have not been returned citing pendency of a criminal case.
3. The IGR issued at the time of presentation of the deeds are annexed at pages 19-26 of the writ petition.
4. Learned advocate representing the State respondents submits, upon instruction that, the deeds could not returned due to the restrictions imposed by the finance department vide Memo No.-757/FT/FT/0/1E-07/07-Regn dated-28/05/2007.
5. A report in the form of an affidavit has been filed by ADSR Guma annexing orders passed by this Court where deeds were directed to be returned in similar type of matters.
6. It has been brought to the notice of the Court that the criminal case which was pending has since been dropped. No impediment has been placed before this Court standing in the way of the respondent authorities to hand over the registered documents to the petitioners.
7. In view of the above, the instant writ petition is disposed of by directing the ADSR, Guma to hand over the registered deeds in question to the petitioners subject to compliance of necessary formalities, if any, at the earliest but positively by 26th September, 2025.
8. The writ petition stands disposed of.
9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Amrita Sinha, J.)