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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Lagan Engineering Company Limited – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. challenge to the collector's order. (Para 1 , 2 , 5 , 8) |
| 2. application of the escheats act. (Para 3 , 6 , 7 , 12) |
| 3. arguments about property transfer to the state. (Para 10 , 11 , 14 , 15) |
| 4. due process for dispossession required. (Para 13 , 18 , 20) |
| 5. writ petition allowed, order set aside. (Para 22 , 23 , 24 , 25) |
Judgment :
Rai Chattopadhyay, J.
1. An order of the Collector, Stamp Revenue, Kolkata, of the office of the Collector of Stamp Revenue, Kolkata, Government of West Bengal dated July 23, 2019 is under challenge in the instant writ petition, wherein the petitioner has prayed for the relief that the said impugned order may be set aside; that the respondent authority may be directed to pass a reasoned order, considering the claim, right and interest of the petitioner; and the respondents be restrained to give any further effect to the said order and also from interfering with the petitioners claim, right, title and interest in the concerned property.
2. This writ petition is concerned with the various provisions under the West Bengal Escheats and Forfeitures Act, 2012 and the West Bengal Escheats and Forfeitures of Immovable Property Rules 2017. The impugned
The court held that leasehold rights are protected and cannot be violated without due process, stating that the property cannot be declared escheated without a legal basis.
The main legal point established in the judgment is the jurisdiction of the competent authority to decide the existence of escheat and the duty to exhaust statutory remedies provided under the West B....
Once land has been acquired, it cannot be restored to tenure- holders/persons interested, even if it is not used for the purpose for which it is so acquired. Once possession of land has been taken, i....
The court ruled that the petitioner's right to property under Article 300A is protected, and the District Collector failed to establish jurisdictional facts for declaring land as abandoned under the ....
Local authorities must institute a court suit to declare property as escheat under the Act; unilateral declarations without due process are invalid.
A suit seeking mere declaration is not maintainable when the State has taken possession of unclaimed property; possession must be requested as per S.42 of the Specific Relief Act.
One must assess if District Collector would obtain any right in law to declare “Gift Deed” to be invalid or illegal, even assuming that there was any violation of FERA/FEMA, while it was executed.
Possession of property cannot be disturbed without due process; rights must be protected under constitutional provisions, and authorities are bound by statutory timelines and requirements.
The court ruled that administrative authorities cannot determine leasehold rights without a competent court's declaration, emphasizing the necessity of judicial adjudication for civil rights.
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