The Canara Bank v. The Sub-Registrar And Another
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/28/2022 The Canara Bank and another ... Petitioners Vs.
The Sub-Registrar and anothers ... Respondents Mrs. Anjili Nag ... for the petitioners Mr. Salim Mohammed ... for the respondents April 21, 2022 [GNC] Item No.6 The petitioners allege that the Tehsildar, Port Blair, Tehsil has failed and neglected to mutate the name of the petitioner No. 2 in respect of the land bearing survey No. 261 measuring an area of 500 square metres situated at Teylorabad village, under Port Blair Tehsil.
It is contended that a sale certificate had been issued by the Canara Bank to the petitioner No.2 and stamp duty had also been furnished by the petitioner No.2, yet the authority did not proceed with the mutation.
The Canara Bank being the petitioner No. 1 approached the Tehsildar, Port Blair Tehsil requesting the authority, to mutate the land in question in the name of the petitioner No.2, namely, Ashish Agarwal. Such application of the Canara Bank is dated 13th December, 2021, being Annexure-P5 at page 39 of the writ petition.
Under such circumstances, this writ petition is disposed of with a direction upon the Tehsildar, Port Blair Tehsil to proceed in accordance with law and dispose of the application for
mutation in accordance with law as per the contentions of the petitioner No.1 in the application dated 13th December, 2021. If other formalities are required to be completed by the petitioners or either of the petitioners, the Tehsildar shall intimate the same to the petitioners and upon compliance of the same, mutation shall be effected.
A reasoned order shall be passed and communicated to the petitioners within a period of six weeks from the date of communication of this order. The Tehsildar, Port Blair may also permit the petitioners to submit necessary documents in support of such prayer for muataion.
This court has not decided the merits of claims and counter-claims of the parties.
With the above directions, the writ petition stands disposed of.
Parties are directed to act on the server copy of this order. (Shampa Sarkar, J.)