Calcutta High Court (Appellete Side)
Subhas Chandra Mondal vs The State Of West Bengal And Others on 2 April, 2024
AD-06
Ct No.09
02.04.2024
TN
WPA No. 15019 of 2021
Subhas Chandra Mondal
Vs.
The State of West Bengal and others
Mr. Kapil Chandra Sahoo
.... for the petitioner
Mr. Susanta Pal,
Ms. Susnita Saha
.... for the State
1. Affidavit-of-service filed today be kept on record.
2. The contention of the petitioner is that the petitioner
presented a deed for registration. Since it was alleged
subsequently that the stamp papers on which the
deed was prepared were forged, a criminal case was
initiated, due to which the registration is being held
up, which adversely affects the petitioner.
3. Learned counsel for the State submits that a criminal
investigation is going on and a police case has been
registered in the context.
4. The case, it is submitted, is pending before the
jurisdictional criminal court at Contai.
5. Be that as it may, the criminal investigation need not
be touched in any manner by this order. However, the
purpose of justice would suffice in the event the
petitioner deposits the money equivalent of the
allegedly forged stamp papers and for such limited
purpose, the police authorities send the document-in-
2
question to the registering authorities for a limited
period.
6. Accordingly, WPA No. 15019 of 2021 is disposed of by
granting liberty to the petitioner to approach the
appropriate police authorities/court with whom the
original deed is lying at present. If so approached, the
police authorities and/or the court, in whose custody
the document is now lying, shall act on a server copy
of this order, coupled with a written communication
by the learned Advocate for the petitioner and send
the said deed maintaining necessary precautions,
including the forged stamp papers, in a sealed cover to
the respondent no.4, that is, the Additional District
Sub-Registrar, Nachinda, for the limited purpose of registering the deed.
7. Upon the deed being sent, the petitioner shall deposit the money equivalent of the allegedly forged stamp papers with the respondent no.4 immediately thereafter. The respondent no.4 shall, upon such deposit being made, carry out the registration of the deed and issue a certified copy of the document upon proper application in that regard being made by the petitioner.
8. It is expected that the entire process shall be completed by the respondent no.4 within three weeks from the date when the petitioner deposits the money equivalent of the forged stamp papers. 3
9. Immediately thereafter, the deed, along with the forged stamp papers, shall be sent back by the respondent no.4 with due precaution to the police authorities for the purpose of facilitating proper investigation or alternatively to the court, if the deed was sent from the custody of the court in the first place.
10. It is made clear that if it is possible to segregate the stamp papers from the deed-in-question, the police authorities and/or the court, as applicable, shall send only the deed devoid of the stamp papers and indicate to the registering authority the amount of the allegedly forged stamp which may be deemed to be sufficient compliance of this order.
11. In such event also, the respondent no.4 shall, after completion of the process of registration, send back the deed to the appropriate authority (police authorities/court, as the case may be).
12. There will be no order as to costs.
13. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Sabyasachi Bhattacharyya, J.)