SIDDHARTHA CHATTOPADHYAY,J. - (1.) Feeling aggrieved and dissatisfied with the Order dated 24.02.2015 passed by the learned Civil Judge (Senior Division), 9th Court, Alipore, South 24 Parganas in Title Execution Case No. 2 of 2007, the State of West Bengal has filed this application under Article 227 of the Constitution of India.
(2.) Calling in question the legality and validity of the impugned order the petitioners had submitted that the interception in augmentation of revenue cannot be considered by a Court without hearing the revenue authority. They contended that the impugned order is baseless on the sole question of judicial propriety because they were not parties to the suit. In the impugned order the learned Court below has directed to take necessary action for registration of the deed on the valuation arrived into by the Court which is absolutely illegal. Stamp duty assessed by the District Registrar has been turned down by the learned Court below and directed the register to act upon the value of the property as assessed by the Court. The said Court did not call for any valuation report from the collector.
(3.) Learned Counsel appearing on behalf of the opposite party contended that valuation has been done by the Court below and the learned Court has passed a decree which has been affirmed by the higher forum also. He submitted that Court had every authority to give a direction upon the District Registrar to execute the deed of conveyance by way of a registration on payment the stamp duty as assessed by the Court itself.;