Shri Pravash Mallick v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/36/2024 Shri Pravash Mallick Vs.

The Andaman and Nicobar Administration and others Mr. K. Vijay Kumar .... for the petitioner Mr V.D.Sivabalan ... for the respondents January 22, 2024 [SR] Item No.6 The petitioner is aggrieved by the non-registration of the sale deed dated November 13, 2023, which was presented by the petitioner for registration before the Sub Registrar, Diglipur, North and Middle Andaman District.

The petitioner relies on the record of holding register, valuation certificate, no dues certificate/non-encumbrance certificate and the O.R report. All such documents go to show that the petitioner had purchased the property bearing survey No.212 measuring an area of 0.9576 hectares of land in village Shibpur, Diglipur Tehsil.

Mr. V.D.Sivabalan, learned advocate for the respondents hands over an office order dated October 22, 2019, bearing No.3060 and submits that a report from the Land Acquisition Collector (LAC), would be necessary for registering the document.

The petitioner submits that the petitioner cannot be kept waiting unnecessarily, after compliance of all formalities for registration of the said sale deed. The petitioner invested huge money at the time of purchase and also for payment of the stamp duty.

The contention of the authorities with regard to the clearance from the L.A. Collector was an afterthought. There was never any proposition for acquisition of the said land and the petitioner purchased the land after proper search. Having heard the learned advocates for the respective parties, this Court directs the Sub Registrar, Diglipur, North

and Middle Andaman District to enquire from the Land Acquisition Collector concerned and seek a report on the present condition of the land purchased by the petitioner. Such report must reach the Sub-Registrar within two weeks from the date of this order. Thereafter, steps shall be taken within four weeks on the basis of the report. If the Land Acquisition Collector does not respond to the query of the Sub Registrar Diglipur, on this issue, within two weeks, the authority shall proceed to register the deed. However, if there are communications indicating that there is an impediment towards registration, the reasons shall be supplied to the petitioner and the petitioner shall be at liberty to take any recourse to law.

The concern of the petitioner that the validity of the no dues certificate may expire before the authority decides to proceed with the matter, is not legitimate, as the petitioner had submitted all the documents on time and this order is also passed within the validity period. The respondents shall not be allowed to raise any plea with regard to the expiry of the validity period of the no dues certificate, for the delay caused by them.

As no affidavits have been used, all allegations are deemed to be denied, except those which are matters of record and which are admitted.

The writ petition is accordingly disposed of. ( Shampa Sarkar, J. )