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2005 Supreme(Cal) 419

SADHAN KUMAR GUPTA
RAM SINGH SARAF – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
K.P.Banerjee, Sandip Kumar

Sadhan Kumar Gupta

( 1 ) THE case of the writ petitioner is that he submitted a deed of Gift for registration, he being the Donor, in the Office of the Additional Registrar of assurances-II, New Secretariat Building, Calcutta Stamp Duty of Rs. 22,520/-was paid in respect of the said Deed of Gift. In addition to that, the additional Registrar of Assurances-ll before registering the said instrument of transfer, directed that a further stamp duty to the extent of rs. 4,57,200/- was to be paid in respect of the said instrument, before final registration. As the petitioner could not pay such a huge amount of stamp duty, he abandoned the idea of registering the said Deed of Gift and decided not to make any transfer of his property by the said Deed of Gift. Consequently, the petitioner asked for the return of the said unregistered document from the respondent No. 2. But he refused to return the said unregistered instrument and advised the petitioner to file a deed of cancellation in respect of the said unregistered Deed of Gift. Being dissatisfied with the decision of the Registrar, the petitioner submitted series of representations to the respondents requesting them to return back his un


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