Md. Hachen Ali Mallick vs The State Of West Bengal & Ors
2021 Latest Caselaw 4083 Cal

                                    W.P.A. 11988 of 2021
13    04.08.2021

Ct.08 (Through Video Conference) rkd

Md. Hachen Ali Mallick

-vs-

The State of West Bengal & Ors.

Mr. Swapan Banerjee, Mr. A. Chatterjee ....for the petitioner.

Ms. Chaitali Bhattacharyya, Mr. Mrinal Kanti Ghosh ...for the State.

The grievance of the petitioner is that a

complaint lodged with the registering authority is

yet to be decided.

According to the petitioner, the registration

of a document was done on impersonation. It is

open to the registering authority to invoke the

provisions of Section 83 of the Registration Act,

1908. He refers to a judgment, reported AIR 1972

SC 928 (Dharmadeo Rai -vs- Ramnagina Rai) in

support of his contentions.

The State is represented.

Learned counsel for the State submits that

there is a civil suit is pending. There are disputes

with regard to an immovable property. There is a

criminal case also pending.

In view of the fact that there is a civil suit

pending as well as a criminal complaint, it would

be appropriate to permit the parties to file affidavits

before a final decision on the issues raised in the

writ petition is taken.

Let affidavit-in-opposition be filed within

four weeks from date; reply thereto, if any, be filed

within two weeks thereafter.

The writ petition will be treated as ready for

hearing immediately on completion of the time

stipulated for filing affidavits.

Liberty to mention.

(Debangsu Basak, J.)