Calcutta High Court
Chandramallika Suppliers Pvt. Ltd. & ... vs The State Of West Bengal & Ors on 16 October, 2015
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-3
WP No.1268 of 2015
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
CHANDRAMALLIKA SUPPLIERS PVT. LTD. & ORS.
Versus
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 16th October, 2015.
Appearance:
Mr. Ashok Banerjee, Sr. Adv.
Mr. A. Mitra, Adv.
Mr. A. Poddar, Adv.
Mr. P. Sinha, Adv.
The Court : The primary grievance of the petitioners is that a form under
Rule 123 of the West Bengal Registration Rules, 1962 requires an applicant to disclose
how the applicant proposes to use the land or immovable property. The petitioners say
that unless such particulars are furnished, the form is not accepted and there is no
question of any formal rejection of the application.
A copy of the relevant form has been appended to the petition.
The State says that the petitioners have no cause of action since the
complaint does not pertain to the erroneous valuation of any property or the rejection of
any application made by the petitioners. Such objection appears to be without basis
since an applicant's form is not accepted unless the particulars sought therein are
disclosed.
2
Affidavit-in-opposition be filed within a fortnight of the reopening of Court
following the Puja vacation; reply thereto, if any, may be filed within a fortnight
thereafter. The petition will appear as a matter under Article 226 of the Constitution on
December 11, 2015.
Pending disposal of the petition, it will be open to the petitioners to fill in
the form and make the payment as sought by the respondent authorities. However, if it
is ultimately held that the form was not in order or that any excess payment has been obtained by the authorities from the petitioners, the State will be bound to refund the excess payment together with interest at the rate of 6% per annum from the date of receipt of the payment.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) bp.