Calcutta High Court (Appellete Side)
Javed Akhtar vs State Of West Bengal & Ors on 3 February, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
1
03.02.2017.
rc
W.P. No.790(W) of 2017
Javed Akhtar
Versus
State of West Bengal & Ors.
Mr. Debnarayan Patra .. For the Petitioner
Mr. Mukteswar Maity .. For the respondents no.9
Mr. S. Mukherjee .. For the State The petitioner seeks the original title deed presented for registration with the Registering Authority.
Learned advocate for the petitioner relies upon an order dated September 23, 2013 in W.P. 28355(W) of 2013 (Sukumar Mandal & Ors. Vs. The State of West Bengal & Ors.). He submits that, the petitioner is similarly situated as that of Sukumar Mondal (supra). The petitioner is agreeable to put in the money as directed in Sukumar Mondal (supra).
Learned advocate for the State submits that, the document presented by the petitioner was accompanied by stamp paper which are believed to be forged. Criminal proceedings are pending in respect thereof.
In Sukumar Mondal (supra), the Court after noticing such stand on behalf of the State has directed that, the petitioner could deposit the amount due on account of stamp duty in respect of the document which the registering authorities will keep in a term deposit till it is finally ascertained as to whether the stamp papers were forged or not.
In view of Sukumar Mondal (supra), it would be appropriate to permit the petitioner to put in the amount due on account of stamp duty in respect of the document presented for registration. On receipt of such sum, the respondent authorities will keep the same in an interest bearing fixed deposit with a nationalised bank and keep the same 2 renewed till it is finally ascertained as to whether the stamp papers are forged or not. This order will not prevent the State from taking appropriate steps against the petitioners in the event the petitioners involvement is discovered in the forgery of the stamp papers.
W.P. 790(W) of 2017 is disposed of.
There shall, however, be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)