(1) THIS appeal has been preferred at the instance of the writ petitioner assailing the judgment and order dated 31st August, 2006 passed by the learned single Judge in W. P. 2376 (W) of 2005 whereby and whereunder the said learned single Judge finally disposed of the writ petition.

(2) WEST Bengal Deed Writers Association, Nadia District Branch filed the writ petition for taking necessary steps by the respondents authorities so that the law clerks are not allowed to enter into the registration office or its compound to do any act or thing in connection with the registration of any document before the Registrar or sub-Registrar.

(3) MR. Bose, learned senior counsel, appearing on behalf of the appellant/writ petitioner submits that apart from the licensed deed writers and advocate/solicitor, no one else can enter into the registration office for the purpose of presentation of any document.

(4) MR. Bose, learned senior counsel of the appellant referred to and relied upon various provisions of the West Bengal Registration (Deed writers) Rules, 1999 and also the West Bengal Law Clerks Act, 1997 as amended in 2006 in support of his aforesaid arguments advanced on behalf of the appellant herein.

(5) PROVISIONS of Rule 4 of the West Bengal Registration (Deed Writers)Rules, 1999, as referred by Mr. Bose, prohibits unlicensed person from engaging himself in the profession of a Deed Writer. The said Rule 4 of the West Bengal Registration (Deed Writers) Rules, 1999 is set out hereunder:

"4. Prohibition or unlicensed persons, No person who is not a licensed Deed Writer under these Rules shall engage himself in the profession of a Deed Writer : provided that an advocate or pleader practicing before any Court in the State, or a solicitor, need not obtain a licence under these rules. "

(6) THE various provisions of the aforesaid Rules, 1999 only authorised the deed writers to prepare the documents only upon obtaining licence under the aforesaid Rules.

(7) THE Deed Writer has been specifically defined under Rule 2 (b) of the aforesaid Rules, 1999 which is reproduced below:

"2 (b) "deed Writer" means a person who is engaged in the profession of preparing documents, namely, doing the work of conveyancing, including investigation of title, preparation of draft deeds and engrossing the deed on stamp paper for registration and holds a licence under these Rules. "

(8) WHILE assailing the judgment and order passed by the learned single Judge, Mr. Bose submits that the law clerk cannot be authorised to present any document before the concerned Registrar/sub-Registrar for registration. There is no dispute that the licensed clerk of an advocate can write out deed or any document for registration provided the same is drafted by an advocate. The advocate or a solicitor can prepare the draft deed or document for registration and the licensed law clerk can write out the said deed or document prepared by his employer advocate in order to assist the said learned advocate/solicitor in relation to his professional work.

(9) THIS Honble Court in the case of Coach Bihar Dist. Deed Writers association and Ann v. Dist Registrar, Coach Bihar and Others, reported in 1995 (1) CLJ 208 discussed the role of a deed writer and advocates clerk and held that the licensed clerk of an advocate can write out deed for registration if he is required to do so by his master advocate in respect of a deed drafted by such advocate. The relevant portion of the aforesaid judgment is set out hereunder:

"5. . . . . . . . . . . . . . . . . . . . It is, therefore, clear that licensed clerk of an advocate can assist the advocate in the matter of his professional work by performing ministerial and clerical parts of the work of his employer. He can, therefore, write out document which may be required to be prepared by his employer-advocate in course of or in connection with his professional work as an advocate, if he is so required by his employer-advocate to do under his gui