AJIJUL BISWAS AND ANR v. STATE OF WEST BENGAL AND ORS.
WPA/5005/2024 · 2026-09-30
Partha Sarathi Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 45596 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 45596 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
N.22Sl 151/CL 30.09.26 DL-09 Ct.-19 (S.R.)
WPA 5005 of 2024 Ajijul Biswas & Anr. v. The State of West Bengal & Ors. Mr. Debnanayan Patra … for the petitioners. Ms. Jayita Dhar Chakraborty, JGA Mr. Joy Ranjan Dhar … for the State. 1. The writ petitioners and the respondent State are represented by their respective learned counsel. 2. Ms. Dhar Chakraborty, learned advocate appearing on behalf of the respondent State submits before this Court that she will not submit any report in connection with the instant writ petition. 3. At the time of hearing, learned advocate appearing on behalf of the writ petitioners submits before this Court that the writ petitioners are willing to pay the equivalent amount of the stamp duty as has been allegedly paid through fake stamp paper at the time of registration of the documents, particulars of which has been mentioned in paragraph 2 of the instant writ petition being the deed of sale No.5137 for the year 1990 as has been registered with Additional District Sub-registrar, Hatatganj, District – Paschim North 24-Parganas. It is further submitted on behalf of the writ petitioners that the writ petitioners are also ready and willing to pay
registration charges, if there be any, due from the writ petitioners. 4. Learned advocate appearing on behalf of the writ petitioners further submits that the respondent no.4 authority may be directed to accept the said stamp duty and registration charges and a further direction may be given to him for providing certified copy of the said document. 5. Learned advocate appearing on behalf of the respondent State submits, upon instructions, that since the aforesaid deed of sale being No.5137 in the year 1990 was registered with a fake stamp paper, the same has been seized by the police authority in connection with the criminal proceeding. 6. On careful perusal of the materials as placed before this Court and after hearing the learned advocates for the contending parties, it appears to this Court that the prayers made by the writ petitioners in the instant writ petition are very much innocuous. 7.
In view of such, this Court directs the respondent no.4 authority to make a communication with regard to the stamp duty and the registration charges, as would be payable by the writ petitioners in connection with the deed of sale being No.5137 in the year 1990 as has been registered with the respondent no.4 authority. In such communication, 2
the respondent no.4 authority shall clearly indicate as to how the writ petitioners would deposit the requisite stamp duty and the registration charges, if there by any. 8. Such communication is to be made by the respondent no.4 authority positively within thirty working days from the date of communication of the server copy of this order. 9. Liberty is given to the writ petitioners to pay the stamp duty and the registration charges as would be assessed by the respondent no.4 authority also within thirty working days from the date of communication of the server copy of this order. 10. In the event, the writ petitioners deposit the requisite stamp duty and the registration charges, as would be assessed by the respondent no.4 and, in the event, the writ petitioners file an application for getting certified copy of the said document upon compliance of all the formalities, the respondent no.4 authority is directed to hand over the certified copy of the deed of sale being No.5137 for the year 1990 within seven working days from the date of making of application of the certified copy as well as compliance of other formalities in this regard. 11. Liberty is given to the learned advocate-on-record for the writ petitioners to communicate the server copy of this order to the respondent no.4 authority, 3
who is directed to act on the server copy of this order. 12. With the aforementioned observations, WPA 5005 of 2024 stands disposed of. 13. There shall, however, be no order as to costs. 14. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen, J.) 4