Shri.Rafique Ahmed v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** WPA/30/2026 Shri. Rafique Ahmed Vs The Andaman and Nicobar Administration and others Ms. G.Mini ... for the petitioner Ms. Babita Das ... for the respondents April 23, 2026 [AKB] Item No.31 1.

Heard the learned counsel appearing for the respective parties.

2.

The core issue in this writ petition is whether the petitioner, as a recorded licensee of non agricultural land classified as house site, is entitled to transfer a portion of the land by virtue of the deeming provision under the proviso to Section 159 (9) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 (hereinafter referred to as the said regulation for the sake of brevity and convenience) despite the Deputy Commissioner subsequently, rejected the application for sale permission on the ground of alleged unauthorized commercial use.

3.

Learned counsel for the petitioner submits that the petitioner is the recorded licencee of non agricultural land (house site) situated at Shadipur Village under Sri Vijaya Puram Tehsil, South Andaman District bearing Survey No.

2639/1(A)/P, measuring 0.1800 hectares, recorded as house site.

4.

A portion of the land in question, admeasuring 102 Sq. mtrs., described as plot No.1 being a vacant land, has been put up for sale. The sale deed in respect thereof has been executed on 8.11.2025 and presented before the Sub Registrar, South Andaman for registration on 25.11.2025.

5.

An online application dated 12.06.2025 which has already been submitted before the Deputy Commissioner, South Andaman remained pending beyond the statutory period of four months. No order of refusal has been communicated to the petitioner within the said period. Therefore, by operation of the deeming provision, permissions shall be deemed to have been granted.

6.

Acting on such deemed permission, the petitioner executed the sale deed and presented the same for registration on 25.11.2025 upon payment of stamp duty and registration charges.

7.

In this context the petitioner places reliance upon Section 159 Sub Section 9 of the said Regulation, which contemplates that the interest of a licencee of non agricultural land shall not be transferrable except with the previous permission in writing of the Deputy Commissioner. The petitioner also relies upon the proviso to the said Section which is reproduced below:- "Provided that where within a period of four months after the receipt of any application from any licence, for permission to transfer his interest in any non-agricultural land being a house site, the Chief Commissioner does not refuse permission or upon refusal, does not communicate the refusal to the licence, then the Chief Commissioner shall be deemed to have granted permission for transfer."

8.

The Sub Registrar, South Andaman refused to register the deed on the ground that the sale permission certificate,

being a mandatory document has not been annexed.

Subsequently, the Deputy Commissioner vide order dated 07.01.2026 rejected the grant of permission on the ground of alleged unauthorized commercial use of the land. Thereafter, the Deputy Commissioner, South Andaman passed an order rejection of the grant of permission for the sale of the property, which is reproduced below:- "The applicant is utilizing the land for commercial purposes without obtaining prior permission from the competent authority consequently, the land cannot be treated as encumbrance-free. In view of the above, and on account of unauthorized diversion of land without prior approval permission for transfer of the land cannot be accorded."

9.

Learned counsel for the petitioner submits that the said order dated 07.01.2026 is arbitrary, as it has been passed without affording opportunity of hearing, in violation of natural justice.

10.

It is further submitted that the issue of sale permission has already been settled by a Coordinate Bench of this Court vide order dated 11.12.2024 which directed that if the portion of the land intended to be sold is found vacant upon spot verification, the Administration shall not raise objection for issue necessary certificates. The relevant paragraphs Nos. 15 & 16 of the order dated 11.12.2024, which is reproduced below:- "15. Spot inspection report shall be forwarded to the petitioner for taking necessary follow up action.

16. At the time of spot inspection, the petitioner shall identify and indicate the portion of the land which he intends to sell. If it is found to be vacant, then objection ought not to be raised by the Administration for issuing necessary certificates." 11.

The discrepancy in area alleged by the respondents arises due to limitation in the electronic application portal, which does

not provide a specific column to mention the exact plot intended for transfer.

12.

Learned counsel for the respondent submits that the application for sale permission has been rejected by the Deputy Commissioner South Andaman vide order dated 07.01.2026 on the ground that the petitioner has been utilizing the land for commercial purpose without prior approval of the Competent Authority. Consequently the land cannot be treated as encumbrance free.

13.

It is contented that there is an element of misrepresentation of facts by, the writ petitioner. In the online application the petitioner mentioned the area as 0.180000 hectares as house site, and whereas from the revenue records it revealed that only 0.25 hectares has been classified as house site.

14.

The petitioner's application has been found to be defective due to non-furnishing of adequate particulars and documents. Under such circumstances, the deeming provision of Section 159 (9) does not came to the aid of the petitioner when the actual user of the land is commercial. Unauthorised diversion disentitles the petitioner from seeking transfer. 15.

In conspectus of the above this Court finds that the petitioner has been able to make out a prima facie case, and an interference is thus warranted at this stage. 16.

Having heard the parties, upon perusal of the records I am of the considered view that the impugned decision of the Sub Registrar, South Andaman and the order dated 07.01.2026

have been passed without affording the petitioner an opportunity of hearing. The impugned orders are therefore vitiated for violation of natural justice and suffers from non application of mind. For ends of justice I direct the Deputy Commissioner to revisit the issue upon considering the relevant documents/particular in light of the order dated 11.12.2024 passed by the Coordinate Bench of this Court to arrive at a logical conclusion regarding the grant of permission for transfer of the land in question, by passing a reasoned order within a period of 30 days upon affording an opportunity of hearing to the petitioner and other stakeholders if any and communicate such direction within a week thereafter.

17.

However it is made clear that in the event if the Deputy Commissioner satisfied with the relevant documents and finds the land to be vacant house site, shall forthwith issue the sale permission certificate for registration of the sale deed in accordance with law.

18.

It is further made clear that during the adjudication of the issue involved herein, if required, the Deputy Commissioner shall be at liberty to cause an independent spot inspection to ascertain (a) the total area classified as house site. (b) whether the land in question is being used for unauthorizedly for commercial purpose or not.

19.

In view of the above the impugned order dated 07.01.2026 along with the decision of the Sub Registrar, South Andaman are quashed and set aside.

20.

Writ petition being WPA/30/2026 is accordingly disposed of without going into the merits of the case. 21.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties on priority basis on compliance of all legal formalities.

(Smita Das De, J.)