Calcutta High Court (Appellete Side)
In Re: Bishnupada Dalai vs The State Of West Bengal & Ors on 3 January, 2019
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
03.01.19
Item No.15
Court No.15
Krishnendu
W.P. No. 25484 (W) of 2018
In re: An application under Article 226 of the Constitution of India filed on 14.12.2018;
And
In re: Bishnupada Dalai
- Versus -
The State of West Bengal & Ors.
Mr. Manoranjan Jana
For the Petitioner
Mr. Srijib Chakraborty
For the State
Affidavit of service filed by the petitioner be kept on record.
The instant writ petition has been preferred challenging the inaction on the part
of the respondents to deliver the original deed of sale, being no.2321 of 1991.
Mr. Jana, learned advocate appearing for the petitioner submits that the deed of sale was executed on 22nd April, 1991 but when the said respondent no. 3 was subsequently approached, the original deed was not supplied to the petitioner.
He submits that on the basis of an allegation that the concerned deed was executed on forged stamp papers, a criminal case was initiated against the licensed stamp vendors and due to pendency of the same, the certified copy of the deed was also not issued. A representation submitted by the petitioner to the respondent no.3 on 2nd November, 2018 was also not responded to. The certified copy of the said deed cannot be withheld due to pendency of a criminal case.
Mr. Chakraborty, learned advocate appearing for the respondents submits that no document has been annexed to the writ petition to show that the representation dated 2nd November, 2018 was served upon the respondent no.3.
Upon hearing the learned advocates appearing for the respective parties and upon considering the materials on record, I am of the opinion that no useful purpose will 2 be served by keeping the writ petition pending and the petitioner's claim needs to be relegated to the appropriate authority.
Accordingly, this Court directs the petitioner to submit a fresh representation to the respondent no. 3 within a period of two weeks from date.
Upon receipt of the said representation, the respondent no.3 shall consider the same, upon granting an opportunity of hearing to the petitioner and shall pass a reasoned order and communicate the same to the petitioner within a period of four weeks thereafter.
Needless to observe, in the event the petitioner's claim deserves acceptance, all necessary follow up steps should be taken by all the respondents to supply the certified copy of the deed to the petitioner, without any further delay.
With the above observations and directions, this writ application is disposed of. There shall, however, be no order as to costs.
Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible.
(Tapabrata Chakraborty, J.)