Chabi Saha vs The State Of West Bengal & Ors
2021 Latest Caselaw 2622 Cal

7th April,
 2021
 (AK)
  10

                                      W.P.A. 2674 of 2021

                                     (Via Video Conference)

                                           Chabi Saha
                                                Vs.
                                  The State of West Bengal & Ors.


                                   Mr. Sandip Das
                                                         ...For the Petitioner.



                   Affidavit-of-service filed in court today be kept on

             record.

                   Despite service, none appears for the respondents,

although the petitioner is represented through counsel.

Learned counsel for the petitioner submits that

although the limitation for presenting a document for the

purpose of registration is three months from execution,

the petitioner could not present the petitioner's sale deed

for registration within the said period since the

Registration Office itself was closed.

Learned counsel relies on a judgment reported at

2020 (2) ALT 199 (SC) (In Re: Cognizance for Extension of

Limitation) for the proposition that the limitation period

prescribed under general law or special laws, whether

condonable or not, were extended by the Supreme Court

with effect from March 15, 2020 till further orders.

It is submitted that the document-in-question was

presented for registration within such extended period

and as such the respondent authorities are acting

without jurisdiction in refusing to accept the same.

In view of a strong prima facie case having been

made out by the petitioner, the writ petition ought to be

heard on merits.

The respondents are directed to file affidavit-in-

opposition within a fortnight from date. Reply, if any,

shall be filed within a week thereafter.

The matter shall appear fairly at the top of the list

on April 30, 2021.

(Sabyasachi Bhattacharyya, J.)