BIBHAS SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The common grievance in the two writ petitions is against a Notification published in the Kolkata Gazette (Extraordinary) dated December 10, 2019, bearing Notification No.05/IGR-Kolkata dated December 9, 2019, whereby the Inspector General of Registration and Commissioner of Stamp Revenue, West Bengal, in exercise of the power conferred by sub-section (1) of Section 69 of the Registration Act, 1908, as subsequently amended (hereinafter referred to as "the Registration Act"), amending the West Bengal Registration Rules, 1962 (hereinafter referred to as "the 1962 Rules") by introducing provisions pertaining to presentation of "e-Deeds" for registration. The said amendment was introduced in the 1962 Rules, thereby adding sub-rule (6) to Rule 124 in Chapter-XIX.

(2.) The further challenge in the writ petitions is against a notice issued by the A.D.S.R., Ranaghat-I and the A.D.S.R., Domkal, District: Murshidabad respectively, whereby it was intimated to the general public that, from January 2, 2020, sale deeds valued at Rs.50 lakh or more would compulsorily be registrable online in the e-Deed format.

(3.) The petitioners in the two writ petitions have also challenged an order of the Inspector General of Registration and Commissioner of Stamp Revenue, West Bengal (hereinafter referred to as "the IGR") dated November 11, 2019 in connection with File No. 1M-117/2018, wherein it was held, inter alia, that the Directorate of Registration and Stamp Revenue, Government of West Bengal was going to introduce very shortly a concept of e-Deed as an optional value-added service, in which deeds can be prepared and submitted online in accordance with the prescribed deed format and to be signed digitally (electronically) by the parties to such deed of sale, gift, assignment etc. using the e-Nathikaran system, further strengthening the existing "computerized service delivery to the registrant public". It was further held that the filing of 'True copies' of the deeds prepared by the copy writers was no longer much relevant in the present system of registration. However, as the West Bengal Registration (Filing of True Copies) Rules, 1979 (hereinafter referred to as "the True Copies Rules") had not yet been repealed by the Government, considering sympathetically the number of copy writers involved for their livelihood at present in preparing the true copies of the deeds, the filing of 'True copies' were still being accepted in the concerned registration offices, though there is no value addition to the service delivery of registrant public. It was thus decided that the revision of rate of remunerations prayed by the copy writers in the District of Murshidabad need not be considered at that stage.