Calcutta High Court (Appellete Side)
Smt. Gayatri Bera & Ors vs The State Of West Bengal & Ors on 6 June, 2018
1
IN THE HIGH COURT AT CALCUTTA
06-06-2018 Constitutional Writ Jurisdiction
Appellate Side
Subrata
.
W.P.No.4600(W) of 2018 Smt. Gayatri Bera & Ors.
-vs-
The State of West Bengal & Ors.
Mr. Tarasankar Samanta ...for the petitioners Mr. Srijib Chakraborty ...for the State The case of as many as seven writ petitioners is that though they duly submitted the documents for registration and complied with all formalities, they are not being given either the original of the registered deeds or the certified copies of them.
Mr Chakraborty appearing for the State submits that, in reality, the stamp papers on which the documents were presented for registration are not beyond suspicion of forgery. He also submits that the order which the writ petitioners relies on (Annexure P3, page 22 to the writ petition) dated February 16, 2017 passed in WP No.3864(W) of 2017 (Aparna Bhowmik v. The State of West Bengal & Ors.) itself shows that in such case too there was a suspicion of forgery of the stamp paper on which the document was presented for registration.
While I treat the writ petition is ready as regards service and I broadly agree with the order passed by my learned brother Judge in the co-ordinate Bench referred to above, I believe that merely allowing the writ petitioners to 2 obtain certified copy on payment of due court fees with liberty to the State to take appropriate steps against the petitioners or whoever is involved in this case of alleged forgery will be merely treating the symptom instead of curing the disease.
Accordingly, while I direct in the interest of justice that if the petitioners put in the money equivalent to the stamp papers in respect of the deeds presented for registration with the authorities, the authorities shall issue certified copy of the deeds of conveyance concerned to the petitioners within seven days from such deposit; I direct the Inspector General of the Registration and Inspection to submit a report to the appropriate authority of the State of West Bengal in respect of such alleged forgery, how many such documents have been presented for registration on stamp papers which are not genuine, within a period of six months from date. On receipt of such a report along with supporting documents, the appropriate authority of the State of West Bengal shall decide whom to prosecute and what steps to take to see that such forged stamp papers are no longer in circulation in the State. The ultimate decision shall be taken by the State in the above matter within a period of three months from obtaining the report from the Inspector General of Registration and Inspection.
I make it clear that on receipt of such report even the present writ petitioners may be proceeded against if any reason to do so is found by the authorities.
The writ petition is disposed of accordingly without 3 any order as to costs. A copy of this order shall be sent to the Chief Secretary to the Government of West Bengal, the Finance Secretary to the Government of West Bengal, learned Advocate-general and learned Government Pleader forthwith. Mr Chakraborty is requested to ensure that this direction receives adequate attention publicity in the quarter of the matter.
Certified website copy of this order, if applied for, shall be given to the parties.
[Protik Prakash Banerjee, J]