Pradyut Bhowmick and Another vs State of West Bengal and Others

Dipankar Datta, J.—The petitioners had presented a partnership deed before the respondent No.6 for registration. On receipt of such deed, the respondent No.6 requested the petitioners (vide Memo dated 14.2.07) to produce quarry permits of the two units in connection with "Mamoni Brick Industries" as well as the latest balance sheet of the said two units for disposing of the issue of registration. Memo, dated 14.2.07 is the subject matter of challenge in the writ petition on the ground that the request of the respondent No.6 is ultra vires the Registration Act, 1908.

Mr. Bhattacharya, learned counsel for the petitioners assails the request by submitting that for registering a partnership deed, it is not within the authority of the respondent No.6 to call upon the petitioners to produce quarry permits and balance sheets of the two units.

Mr. Dhar, learned counsel for the State on the other hand submits that the request was made by the respondent No.6 only for the purpose of verifying as to whether in the guise of registering a partnership deed, the petitioners were, in fact, proceeding to partition the property of their predecessor-in-interest or not.

Having heard learned counsel for the parties this Court is of the considered view that if respondent No.6 has any suspicion in his mind with regard to the nature of the deed which has been presented before him for registration, he must indicate the reasons therefore and such reasons must also be communicated to those who have presented the deed together with relevance of the documents sought for in support of such suspicion. Without disclosing the same, it would not be a proper exercise of power on his part to demand that the persons presenting a deed should place any and every document sought for by him if they seek to have the same registered.

Submissions made by Mr. Dhar regarding the reason for which the impugned Memo dated 14.2.07 was issued do not find place in it. It is settled, law that reasons cannot be supplanted in course of argument or by an affidavit if such reasons do not find place in the order impugned.

For the reasons aforesaid, the impugned Memo stands set aside. It shall be open to the respondent No.6 to proceed in accordance with law and in the light of the observations made above. Steps shall be taken expeditiously but not later than four weeks from date of receipt of a copy of this order. In the event the respondent No.6 fails to communicate his views within the time fixed above, it shall be deemed that he has no further objection and shall accordingly proceed for registration of the deed, also in accordance with law.

The writ petition stands allowed to the extent mentioned above.

There shall be no orders as to costs.

Urgent photostat certified copy of this order, if applied for, be furnished to the applicant within 4 days from date of putting in requisites therefore.