Kanailal Mallick vs The State Of West Bengal & Ors
2021 Latest Caselaw 54 Cal

6th January,
 2021
 (AK)
 20

                                W.P.A 11159 of 2020

                                 Kanailal Mallick
                                        Vs.
                            The State of West Bengal & Ors.


                         Mr. Satyajit Mandal
                         Mr. Amar Nath Sen
                                                    ...For the Petitioner.


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

               record.

                   The petitioner contends that a deed of transfer, in

               which the petitioner is a purchaser, was presented for

               registration but such registration was refused by the

               respondent authorities on the ground that the stamp

papers, on which such document was executed, were

forged.

Learned counsel cites several judgments,

particularly those dated July 20, 2015 passed in W.P.

12613(W) of 2015 (Sibabrata Mandal Vs. The State of

West Bengal & Ors. ) and July 11, 2016 passed in

W.P. 10840(W) of 2016 (Shyama Pada Das Vs. The

State of West Bengal & Ors. ), of coordinate benches

of this court, in support of the proposition that, in

similar cases, a certified copy of the document

submitted for registration has to be furnished to the

applicant upon proper application being made for

obtaining such certified copy and on payment of

proper fees as well as depositing an amount

equivalent to the aggregate value of the stamp papers.

The facts of the present case being similar to

those which arose before the said coordinate benches,

the petitioner is entitled to a similar order.

Although, despite service, none appears for the

respondents, the nature of the order proposed to be

passed does not require the matter to be kept pending

unnecessarily for the absence of the respondents.

W.P.A. 11159 of 2020 is thus allowed, directing

the respondent no.7 to supply certified copy of the

deed presented by the petitioner for registration, upon

an application being made by the petitioner in proper

form for obtaining such certified copy and on payment

of appropriate fees for the same, in addition to the

petitioner depositing an amount equivalent to the

aggregate value of the stamp papers used for the

purpose of executing the deed-in-question which was

presented for registration before the authorities.

Upon such requirements being fulfilled by the

petitioner, respondent no.7 shall issue the certified

copy of the deed to the petitioner as expeditiously as

possible.

There will be no order as to costs.

Urgent photostat copies of this order, if applied

for, be given to the parties upon compliance of all

requisite formalities.

(Sabyasachi Bhattacharyya, J.)