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2026 DAILYLAW 41467 (CAL)

SITARANI FADIKAR AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/15085/2026 · 2026-09-16

Partha Sarathi Sen

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.09.2026 Sl. No. 12 (DL) Ct.No.19 (Susanta) (Bench I.D. 266052) WPA 15085 of 2026 Sitarani Fadikar & Ors. Vs. State of West Bengal & Ors. Mr. Salil Kumar Maiti, Ms. Dolon Samanmta, …for the petitioners. Mr. Tapas Kumar Sil, Mr. Chiranjit Pal, …for the State. 1. Affidavit of service as filed today on behalf of the petitioners is taken on record. 2. The writ petitioners and the respondent State are represented by their respective learned advocates. 3. On careful perusal of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, it appears to this Court that the primary grievance of the writ petitioners is that despite registration of document bearing registration no. 4631/4575 for the year 1990, the Additional District Sub-Registrar, Suthahata, Purba Medinipur is not delivering the original deed of conveyance to the present writ petitioners, who are the legal heirs of the purchasers of the said deed. 2 4. At the time of hearing, Mr. Maiti, learned advocate appearing on behalf of the writ petitioners submits a Memo dated 08.06.2026 as issued by the Additional District Sub-Registrar, Suthahata, Purba Medinipur, being the respondent no. 3 herein, wherefrom it reveals that the respondent no. 3 authority is agreeable to deliver the certified copy of the deed No. 4575 for the year 1990 since the original deed bearing document no. 4575 for the year 1990 was seized by the District Enforcement Officer, Manishadal (at present District Enforcement Branch, Ganapati Nagar, Nimtouri, Purba Medinipur). 5. It is submitted by the learned advocate for the writ petitioners that the present writ petitioners are now willing to get the certified copy of the said deed bearing no. 4575 for the year 1990. 6. Per contra, Mr. Sil, learned advocate appearing on behalf of the respondent State files a Memo dated 20.07.2026 as issued by the respondent no. 3 authority, which is taken on record. 7. It is submitted by Mr. Sil that on perusal of the statement of facts as has been forwarded to him under cover of the Memo dated 20.07.2026 it would reveal that in respect of the aforementioned deed no. 4575 for the year 1990 a suspicion arose with regard to filing of some forged non-stamp judicial stamp paper and accordingly the same was seized by the investigating agency. 3 8. Mr. Sil further submits that the respondent no. 3 authority is, however, agreeable to provide the certified copy of the deed no. 4575 for the year 1990 provided the writ petitioners deposit the deficit amount of stamp duty. 9. In view of such, this Court while disposing of the instant writ petition directs the respondent no. 3 authority to communicate to the writ petitioners the amount of stamp duty as would be payable by the writ petitioners in writing and on receipt of such writing, the writ petitioners shall deposit the deficit stamp duty as would be quantified by the respondent no. 3 authority through online with the respondent no. 3 authority. 10. In the event, the writ petitioners deposits the deficit stamp duty and produce the payment challan to the respondent no. 3 authority, the respondent no. 3 shall forthwith deliver the certified copy of the said deed of conveyance no. 4575 for the year 1990 to the writ petitioner subject to compliance of all formalities. 11. Before parting with, this Court, however, directs the respondent no. 3 authority is to make necessary communication regarding deficit stamp duty to the writ petitioners within four weeks from the date of receipt of the server copy of this order and in the event the writ petitioners deposit such deficit stamp duty through online and comply with all 4 the formalities of getting certified copy of the deed in question, the same shall have to be provided within three days from the date of deposit of filing of the challan showing deficit stamp duty and compliance regarding formality and obtaining certified copy of the same. 12. The time limit as fixed by this Court is peremtory and mandatory. 13. Liberty is given to the learned advocate-on- record to communicate the server copy of this order to the respondent no. 3 authority which is directed to act on the server copy of this order. 14. With the aforementioned observation WPA 15085 of 2026 stands hereby disposed of. 15. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Partha Sarathi Sen , J.)