- (1.)In this Rule the petitioners have, inter alia, challenged the Registration (West Bengal Amendment) Act, 1981 (West Bengal Act, XLIII of 1981) (hereinafter called the 1981 Act) and in particular S.5 thereof and the Rules framed thereunder being the West Bengal Registration (Deed Writers) Rules, 1982 (hereinafter called the 1982 Rules) as ultra vires Arts.19(1)(g), 246 and 300-A of the Constitution of India.
(2.)By an Order dated 3rd March, 1983 the West Bengal Deed Writers' Association and Atul Krishna Majumder for self and as the General Secretary of the said Association were added as respondents Nos.6 and 7 in this Rule.
(3.)The petitioner No.1 is an association of licensed Clerks of lawyers and advocates practising in various Courts in the District of 24 Parganas (hereinafter for the sake of brevity called lawyers' clerks). It is the case of the petitioner that the licensed lawyers' clerks are entrusted with the duties of making searches in different Registration and Sub-Registration Offices for drafting deeds or documents of Conveyance of properties. They are entrusted with drafting deed of Conveyance and are engaged for such purpose being less expensive. Notwithstanding licences being granted to the deed writers under S.80G of the Registration Act, 1908 the licensed lawyers' clerks were all along permitted to act as deed writers. The case of the petitioners is that by the 1981 Act privileges hitherto enjoyed by the licensed lawyers' clerks are sought to be taken away and jeopardised and by the 1982 Rules they are sought to be debarred from obtaining a deed writers' license. The added respondents Nos.6 and 7, however, deny and dispute that the licensed lawyers' clerks ever drafted any deed or were ever entrusted with such drafting.