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2025 Supreme(Online)(Cal) 2238

CALCUTTA HIGH COURT
Amrita Sinha, J
Abu Chalam Mondal @ Abusalam Mondal – Appellant
Versus
State of West Bengal – Respondent
Constitutional Writ Jurisdiction WPA No.19196 of 2024



Advocates:
For the Appellants/Petitioners: Mr. Rabindra Kumar Mitra, Mr. Sourjya Das, Ms. Poulami Bhowmick
For the Respondents: Mr. Sk. Md. Galib, Mr. Kapil Guha

Authorities are obliged to return title deeds if no legal impediments exist against such return.

Headnote:The petitioner seeks the return of a title deed held due to an ongoing criminal case against the District Sub-Registrar. The court finds that the criminal cased has been dropped, hence ordering the necessary authorities to return the deed. The court emphasizes the obligation of the authorities to comply through appropriate channels.

Table of Content
1. criminal case led to retention of title deed. (Para 1 , 2 , 3)
2. court orders the return of deeds due to lack of legal impediments. (Para 4 , 5 , 6)
3. court's procedural directives regarding documentation and hearings. (Para 7 , 8 , 9 , 10)

1. A property purchased by the petitioner was submitted for registration in the office of the Sub- Registrar, Guma, North 24 Parganas in September 2005. The IGR receipt number issued to the petitioner is 932098. Allegation is that the original deed has not been returned.

2. The petitioner submits that due to pendency of a criminal case against the District Sub-Registrar, the title deed was kept in custody.

3. It has been submitted that the said criminal case being Special Case No.19 of 2007 has been dropped by the learned Judge, Special Court, 3rd Court, Barasat on October 3, 2013. The petitioner prays for return of the deed.

4. Learned counsel for the State has obtained instruction from the Additional District Sub- Registrar, Guma signed on August 12, 2025. It appears therefrom that the ADSR had communicated to the IGR & CSR, West Bengal for removing the restriction to deliver 165 deeds of

2006, including the deed of the petitioner. A letter was also forwarded to the District Registrar, but no order has been received by ADSR for releasing the deeds.

5. The Court is of the opinion that if the criminal case which was filed for embezzlement of Government revenue has been dropped and there is no other impediment on the part of the authority to return the deeds, then the authority would be obliged to return the deeds in question.

6. Learned counsel for the State is, therefore, directed to obtain further instruction from the Inspector General of Registration & Commissioner of Stamp Revenue, West Bengal as regards return of the deed of the petitioner.

7. Relist on August 27, 2025.

8. Memo No.101 dated August 12, 2025 placed in Court be taken on record.

9. All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

10. Certified copy of this order, if applied for, shall be made available to the parties.

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