Chetan Chowdhury v. The State Of West Bengal And ORS

OD-3 ORDER SHEET WPO No.586 of 2025

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE CHETAN CHOWDHURY -VS- THE STATE OF WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 27th August, 2025.

Appearance:

Mr. T. M. Siddique, Sr. Adv.

Mr. Arif Ali, Adv.

Mr. Prabhat Kr. Srivastawa, Adv.

...for the Petitioner.

Mr. Ayan Banerjee, Adv.

Mr. Soumyajit Ghosh, Adv.

...for the State.

1.

Perused undated report of the Additional Registrar of Assurances-I, Kolkata. It appears therefrom that the Court vide order dated 28th March, 2017 in W.P.No.8854(W) of 2017 directed the registering authority to proceed to register the deed of gift presented for registration under Article 33(i) of Schedule IA of the Indian Stamp Act, 1899.

2.

An appeal was carried from the said order being FMA 1918 of 2018 with CAN 4288 of 2017. Vide order dated 31st July, 2019 the said appeal stood dismissed for default and has not been restored till date though it is submitted that an application for restoration is pending consideration.

3.

Learned advocate representing the State respondents seeks four weeks time to allow the Staterespondents to take steps for restoration of the appeal.

4.

The Court is of the opinion that since the appeal stood dismissed long ago and the respondents have not taken any steps to move the application for restoration being CAN 8437 of 2019, accordingly, prayer for adjourning the hearing of the writ petition cannot be allowed.

5.

The Additional Registrar of Assurances-I, Kolkata is directed to proceed with the registration of the documents strictly in terms of the order passed by the Court on 28th March, 2017 at the earliest, but positively within a period of six weeks from the date of communication of this order.

6.

The registration will, however, be subject to the result of the pending appeal.

7.

The writ petition stands disposed of.

8.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm