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2024 Supreme(Cal) 295

SABYASACHI BHATTACHARYYA
Sk. Shekhar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Nilanjan Adhikari

JUDGMENT :

Sabyasachi Bhattacharyya, J:-

1. A deed of conveyance was entered into between the petitioners and the private respondents on September 16, 2020. A query was raised in respect of the stamp duty payable on June 22, 2020 and the stamp and registration fees were paid on July 21, 2020. The payment was approved on July 27, 2020.

2. The deed was presented on December 16, 2020 for registration before the District Sub-Registrar-IV at Alipur. However, one of the vendors was absent, for which the registration could not take place. The Sub-Registrar accordingly refused to complete the registration. A representation given by the petitioners was forwarded to the District Registrar.

3. Being aggrieved with the non-completion of registration, the petitioners preferred an appeal under Section 72 of the Registration Act, 1908 (for short, “the 1908 Act”) to the District Registrar on January 31, 2022. The District Registrar, vide order dated February 3, 2022, directed the Sub-Registrar to admit the deed of registration under Section 75(1) of the Act, with requisite fine under Rule 39 of the West Bengal Registration Rules, 1962.

4. A second query was raised accordingly on February 22, 2022, in w

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