Tapas Kuamr Adhikary v. The State Of West Bengal And ORS.

03.11.2025 sdas WPA 30173 of 2024 Sri Tapas Kumar Adhikary Vs.

The State of West Bengal & Ors.

Mr. Amit Singh .... for the petitioner Mr. Jahar Lal De, learned AGP Mr. Shamim-Ul-Bari ....for the State

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

2. Petitioner seeks cancellation and/or revocation of a deed writer's licence. This deed writer, respondent no. 6 herein, is the brother of the petitioner.

3. Petitioner alleges that using his office before the District Registrar of Assurances, respondent no. 6 had played fraud with the petitioner and obtained deed of gift from him, while failing to execute such deed of gift over a valid property himself. He alleges that the property concerned which was to be gifted by the respondent no. 6 in his favour, had been transferred much prior to the deed of gift executed, sometimes in 2017. The petitioner's grievance in the aforesaid circumstances is that the respondent no. 6 should not be permitted to continue as a licenced deed writer and the licence

ought to be revoked and/or cancelled under the provisions of Registration Act and the Rules of 1999 read therewith. Rule 21 and Rule 7 have been relied upon by the petitioner to assail the subsistence of the licence of the respondent no. 6. These Rules, as is clear therefrom, relate to revocation and/or cancellation of licence only in the event the concerned deed writer is convicted of any criminal offence or during the pendency of such criminal offence.

4. It is not in dispute that the representations were made by the petitioner on 14th July, 2023 and 9th October, 2023, which are yet to be disposed of.

5. Since the representations have been pending for a long time and subsequent facts have also occurred, it would be trite that the petitioner files a fresh representation which will include a copy of the writ petition along with annexures thereto, to the appropriate authority, the respondent no. 2 herein, by 20th November, 2025.

6. Respondent no. 2 is directed to consider such representation and dispose of the same within a period of eight weeks from 20th November, 2025. Upon disposal of the representation, respondent no. 2, will intimate the petitioner of such disposal along with a copy of the order to be passed for disposing of the representation.

7. With the above directions the writ petition is, thus, disposed of.

8. There shall, however, be no order as to costs.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Reetobroto Kumar Mitra, J.)