STATE OF WEST BENGAL Vs. UNION OF INDIA
LAWS(CAL)-2017-12-18
HIGH COURT OF CALCUTTA
Decided on December 01,2017

STATE OF WEST BENGAL Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.)The Court : This writ petition was filed by way of public interest litigation against the Overland Group of Companies, which were carrying on the business of chit fund. The State Government wanted certain properties of the said group of companies to be sold so that the sundry investors in the said company could be paid back some money.
(2.)In a Court sale, the property in question was purchased by the present applicants, being Evergreen Complex Private Limited, and others. The conveyance was executed in favour of the purchasers. When the purchasers applied for mutation of the property in their favour, the State took a stand that the property had vested in the State long ago and Overland had no title to the property which could be transferred to the purchasers. Mutation was denied. The applicants filed an application before this Court and ultimately, the applicants approached the Hon'ble Supreme Court contending that they were no more interested in the transaction and they wanted to get out of the deal with refund of the monies that they have paid for purchasing the property including the stamp duty, registration costs, panchayat tax and khajana.
(3.)By an order dated 20th November, 2017, the Hon'ble Supreme Court granted liberty to the applicants to file an appropriate application in this Court with a request to this Court to dispose of such application within four weeks. Accordingly, the present application has been made for refund of the consideration price along with the stamp duty, registration costs, panchayat tax and khajana payment.


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