Calcutta High CourtGirish Prakash Gupta & Ors vs Registrar Of Assurances on 1 August, 2008Author:PatheryaBench:Nadira PatheryaWP No. 1243 of 2008
                   IN THE HIGH COURT AT CALCUTTA
                Constitutional Writ Jurisdiction
                        ORIGINAL SIDE



   GIRISH PRAKASH GUPTA & ORS.                Petitioner/Applicant

       Versus

   REGISTRAR OF ASSURANCES,KOLKATA   & ORS.   RespondentFor Petitioner : Mr. Prasanta Chakroborty with Mr.S.Bhattacharjee,
                     Advs.For Respondent : Mr. Indrajit Sarkar, Adv.BEFORE:The Hon'ble JUSTICE NADIRA PATHERYA

   Date : 1st August, 2008.The Court : By notice dated 29th May, 2008

the petitioners were directed to make payment of the deficit stamp

duty by the Registering Officer. Such payment was to be made by

28th June, 2008. According to the petitioners for non-payment of

the said sum the Registering Officer was under an obligation to

refer the matter to the Collector. The said has not been done.

Accordingly there has been infraction of law.Counsel for the respondents submits that some

time has lapsed and therefore the same be condoned. However, the

respondents are ready and willing to refer the matter regarding

payment of stamp duty to the concerned authority under Section 47

A(3) of theIndian Stamp Act, 1899and the West Bengal Amendment.2Having    considered     the    submissions   of    the

parties the Registering Officer is directed to refer the matter to

the Collector underSection 47A(3) of the 1899 Act within ten

days from the date of receipt of this order.With     the   aforesaid       direction   this    writ

petition is disposed of.As no affidavit-in-opposition has been filed,

the allegation contained in the petition is not admitted.All parties concerned are to act on a xerox

signed copy of this   order on the usual undertakings.( PATHERYA, J.)




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