DISTRICT:
SOUTH 24-PARGANAS
IN THE HIGH COURT AT
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W. P. No. (W) of 2013
Subject Matter
relating to: -
Under Group IX of
the Classification List.
Cause Title
Shri Harsh Vardhan
Patodia,
………… Petitioner
Versus
The Registrar of
Assurances, Kolkata, and others. ……….Respondents.
Advocate on Record:
Ashok Kumar Singh
Advocate
Bar Association, Room No. 15
High Court,
DISTRICT: SOUTH 24-PARGANAS
IN THE HIGH COURT AT
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W. P. No. (W) of 2013
In the Matter of:
Shri Harsh Vardhan
Patodia,
………… Petitioner
Versus
The Registrar of
Assurances, Kolkata, and others.
……… Respondents
I N D E X
|
Sl. No. |
Particulars of Papers |
Annexure |
Page |
|
1. |
List of Papers |
|
|
|
2. |
Points of Law |
|
|
|
3. |
Writ Application |
|
|
|
4. |
Xerox copy of the General
Power of Attorney and authorisation Letter. |
P1 |
|
|
5. |
Xerox copy of the Deed being
no. 11451 of 2011. |
P2 |
|
|
6. |
Xerox copy of the Letter dated
4th June’ 2012. |
P3 |
|
|
7. |
Xerox copy of the Learned
Advocate’s Letter dated 16-07 2012, and Memo no. 2807/1M-248/11, dated
03-08-2012. |
P4 |
|
LIST OF DATES
|
08-09-2010 |
Presentation of Indenture of Conveyance at the Private residence of the Claimant. |
|
15-09-2010 |
Payment of fees made to the ARA – I,
Kolkata. |
|
08-11-2011 |
Endorsement Refusal by the A.R.A. – I,
Kolkata |
|
29-12-2011 |
Certificate of Admissibility ( Rule
43, W.B. Registration Rules 1962 ) |
|
29-12-2011 |
Partly Refusal Order of the Deed
Serial No. 07158 of 2010, by ARA – I, Kolkata |
|
16-02-2012 |
Deed Serial no. 07158 of 2010,
corresponding to Deed being no. 11451 of 2011, has been delivered by ARA – I,
Kolkata. |
|
04-06-2012 |
Representation made by the Petitioner
against part refusal endorsement. |
|
16-07-2012 |
Representation
made once again through the Learned Advocate, against part refusal
endorsement. |
|
03-08-2012 |
Memo no. 2807/1M-248/11, dated 03-08-2012,
issued by the Jt. Inspector General of Registration, |
|
|
|
POINTS OF LAW
INVOLVED IN THIS INSTANT WRIT APPLICATION
I.
Whether the impugned actions/inactions are wholly
illegal and without jurisdiction and ultravires Article 14 of the Constitution
of India.
II.
Whether the impugned actions on part of the respondent
authorities are colourable, arbitrary and discriminatory.
III.
Whether the actions/inactions on part of the concerned
authorities are highly punitive as the ARA – I, Kolkata refused in part against
the petitioner, without holding any action in accordance with the Law.
IV.
Whether the Provisions of Section 23 of the
Registration Act’ 1908, has ever been followed by the Respondent Authority, in
the present event of the petitioner.
V.
Whether the acts and conducts of the respondent
authorities are illegal, mala fide, arbitrary and dehors of all cannons
of law.
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