Calcutta High Court
Civil Procedure and EvidenceAdministrative and Public Law

Certified-copy applications must be rejected under Rule 528 when required stamps and folios remain unpaid for three days.

ANIRUDDHA THAKUR vs THE STATE OF WEST BENGAL AND ORS

Calcutta High CourtJUDGMENT: September 11, 20263 MIN READSOURCE JUDGMENT
Certified-copy applications must be rejected under Rule 528 when required stamps and folios remain unpaid for three days.. ANIRUDDHA THAKUR vs THE STATE OF WEST BENGAL AND ORS. Calcutta High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner produced scanned copies of both sides of the receipts relating to the impugned order, which were taken on record pursuant to an earlier direction.

Source reference: para. 1

He had applied on 20 and 21 January 2026 for certified copies in respect of three applications bearing serial nos. X-198 (Crl.), X-225 (Crl.) and X-224 (Crl.).

Source reference: para. 2

For applications X-198 and X-225, the records were called for, received by the copying section on 18 February 2026, and the certified copies were made ready on 19 and 20 February 2026, respectively.

Source reference: paras. 3–4

In respect of X-224, concerning H.C. Form No. (M) 54, the petitioner did not deposit the requisite stamp/folios, and consequently the copy was not prepared.

Source reference: para. 5
02

Issues

Whether the petitioner’s allegations regarding failure or delay in supplying certified copies were supported by the official record.

Source reference: paras. 3–6

Whether the copying authorities were required to reject the application and record such rejection where the requisite stamp and folios were not filed within the period prescribed under the Civil Rules and Orders of the Calcutta High Court.

Source reference: paras. 8–10

Whether any further relief survived in the writ petition in view of the status of the certified-copy applications.

Source reference: para. 11
03

Law Applied

The Court applied Rules 523, 524, 525, 526, 527A and 528 of the Civil Rules and Orders of the Calcutta High Court, which govern the preparation and issuance of certified copies.

Source reference: para. 8

Rule 528 was understood to require that, if the prescribed stamp and folios are not filed within three days of notification in the prescribed manner, the application is to be rejected and an appropriate note is to be made in Register No. (R) 23.

Source reference: para. 9

The Court also applied the general principle that an administrative department cannot be held responsible for non-preparation of a certified copy where the applicant has failed to deposit the requisite stamp or otherwise comply with the copying requirements.

Source reference: para. 6
04

Reasoning

The official report demonstrated that the applications X-198 and X-225 had been processed and that the requested copies were eventually made ready after the original records were received.

Source reference: paras. 3–4

Conversely, application X-224 remained incomplete because the petitioner did not supply the requisite stamp and folios.

Source reference: para. 5

Accordingly, the petitioner’s allegations of departmental inaction were inconsistent with the record.

Source reference: para. 6

Nevertheless, the Court observed that although Rule 528 contemplated rejection and a corresponding entry in Register No. (R) 23 upon failure to furnish the required materials within three days, no such rejection order appeared to have been made in the present case.

Source reference: para. 9

The Court therefore considered it appropriate to direct procedural compliance by the concerned Judge in charge rather than grant substantive relief against the authorities.

Source reference: para. 10
05

Holding

The Court held that the petitioner’s allegations were unfounded insofar as the record showed that two certified-copy applications had been processed and that the third was not completed because the petitioner failed to provide the requisite stamp and folios.

The concerned Judge in charge was directed to ensure strict compliance with Rules 524 to 528 of the Civil Rules and Orders of the Calcutta High Court.

Source reference: para. 10

Finding that nothing further survived for adjudication, the Court disposed of the writ petition, permitting all parties to act on the basis of the server copy downloaded from the Court’s official website.

Source reference: paras. 11–12
Calcutta High Court

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ANIRUDDHA THAKURvsTHE STATE OF WEST BENGAL AND ORS

Calcutta High Court · September 11, 2026

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