- (1.) THE petitioner in this art.226 petition dated June 6, 2011 is questioning a decision of the Inspector General of Registration and Commissioner of Stamp Revenue, West Bengal dated March 8, 2011 (at p.48) turning down his application for an order directing the Registrar concerned to issue him a licence under the West Bengal Registration (Deed Writers) Rules, 1999.
(2.) IN his undated application at p.39 submitted to the INspector- General of Registration and Commissioner of Stamp Revenue the petitioner stated as follows. His late father-in-law was a Deed Writer within the meaning of the West Bengal Registration (Deed Writers) Rules, 1999. He was working in his fatherin- laws office as an assistant. After death of his father-in-law his income reduced and financial troubles started in his family. Watching his and his familys condition the concerned heirs and legal representatives of his father-inlaw felt sorry and they decided to encourage him so that he might get a licence to work as a Deed Writer. The petitioners father-in-law expired on January 15, 2009. After hearing the petitioner the Inspector-General of Registration and Commissioner of Stamp Revenue gave the decision dated March 8, 2011 holding, inter alia, as follows: In his application, Sri Arun Dutta Bakshi prayed for a deedwriters licence for the redress of the hardship of the family of himself which is to be considered a separate family, not the family of the deceased deedwriter. It is not expected that a near relation of the deceased deedwriter will be given a licence to meet the requirement of a separate family. During the hearing the petitioner submitted that the son of the deceased deedwriter is a para teacher of a high school. So the requirement of immediate assistance to the family of the deceased deedwriter as contemplated in rule 6 of the West Bengal Registration (Deedwriters) Rules, 1999 does not hold good in this case Rule 6 of the West Bengal Registration (Deed Writers) Rules, 1999 is quoted below: 6. If any Deed Writer dies in harness or becomes incapacitated due to old age or otherwise, leaving his/her family in immediate need of assistances, his/her spouse or any one of his/her sons/daughters/near relations, with the written consent through an affidavit duly affirmed by the spouse and all other eligible sons/daughters who are entitled to be considered for the grant of licence under these rules may apply through proper channel to the Inspector-General of Registration and Commissioner of Stamp Revenue, West Bengal, for a licence under special circumstances to be assigned therein. The Inspector-General of Registration and Commissioner of Stamp Revenue, West Bengal, may, by order, direct a Registrar to issue a licence to the applicant, provided the applicant fulfils the conditions laid down in rule 5, except sub-clause (b) of clause (ii) and clause (iv) of that rule.
(3.) IT is evident from the provisions of r.6 that an order directing the Registrar to issue a licence to a person applying under the rule can be issued only when it is found that the Deed Writer dying-in-harness left his family in immediate need of assistance. In this case the petitioner stated in his own application that death of his Deed Writer father-in-law left his family in immediate need of assistance. IT is not the case that the death left the family of the deceased Deed Writer in immediate need of assistance. The case rather is that the concerned family of the deceased Deed Writer felt sorry for the petitioner and decided to encourage him to apply for a licence in terms of r.6 of the rules. The Inspector-General of Registration and Commissioner of Stamp Revenue has turned down the application on the grounds that the petitioner expressing immediate need of assistance of his family that was not the family of the deceased Deed Writer was not entitled to a licence in terms of the provisions of r.6 of the rules. In my opinion, the Inspector- General of Registration and Commissioner of Stamp Revenue has rightly decided the case. The decision does not suffer from any illegality. For these reasons, the petition is dismissed. No costs. Certified xerox.;