L.Sukurajan v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT PORT BLAIR ...

MA/11/2021 L.Sukurajan ... Appellant Vs.

Andaman and Nicobar Administration & others ...

Respondents MA/12/2021 Hasmukh A Shah ... Appellant Vs.

Andaman and Nicobar Administration & others ...

Respondents MA/13/2021 Melmaruvathur Suyambu Adiparasakthi Vazhipattu Mandram ... Appellant Vs.

Andaman and Nicobar Administration & others ...

Respondents MA/14/2021 Priyanka Lakra ... Appellant Vs.

Andaman and Nicobar Administration & others ...

Respondents Mr.KMB Jayapal, Advocate ... for the appellants Mr.Krishna Rao, Advocate ... for the Administration September 07, 2021 [GNC] Item No.13, 14, 15 & 16.

The batch of these mandamus appeals arise from a common order dated February 24, 2021 by which the writ

petitions were disposed of directing the writ petitioners therein to pay the stamp duty and registration fees in terms of a Notification dated 22nd October, 2019 and in the event, it is ultimately held that the same is not applicable to the instruments presented for registration prior thereto, the writ petitioners therein shall be entitled to refund of excess amount.

The appellants have filed the instant appeals solely on the ground that the liberty given in the impugned order have unjustly encroachment upon the legal right more particularly, the applicability of the notification dated 22nd October, 2019. It appears from the impugned order that several instruments were presented for registration before the Registering Authority but the same were not completed and in the meantime, the notification was issued on 22nd October, 2019 revising the circle rates of the different parts of the islands and demanding the stamp duty and the registration fees in commensurate with the revised circle rates even for the instruments presented prior thereto. The writ petition was filed being WP No.269 of 2019 (Smt.Lakhi Kumari Mondal Vs. The Lieutenant Governor and others) challenging the aforesaid notification which was dismissed on 13th January, 2020. The said judgment and order was carried to an Appellate Court in MA No.17 of 2020 and an interim order was passed directing the authority to complete the registration process on the basis

of the stamp duty already put in in terms of an unamended regulations/rules/acts subject to an undertaking by the petitioners therein that in the event of outcome of the public interest litigation, the additional stamp duty and/or registration fees are attracted will be deposited. The said interim order passed by the Division Bench was challenged before the Supreme Court by way of a Special Leave Petition No.7274 of 2020 which has been admitted and the operation of the interim order was stayed till the next date of hearing.

It is nobody's case that the SLP has been disposed of as the same remained pending and in the meantime, the spat of the writ petitions came to be filed challenging the similar notification. By the impugned order the Court directed the writ petitioners, the appellants herein, to put in the stamp duty and the registration fees in terms of the notification dated 22nd October, 2019 and in the event it is held that the said notification is ultra vires or have no relevance or applicability to the instruments presented for registration before the birth of the said notification, the appellants would be entitled to get refund of the excess amount. A plea has been taken by the appellants that once the matter is pending before the Supreme Court the learned Single Bench ought not to have disposed of the writ petitions but should keep the writ petitions pending. The tenet of the order does not suggest such course to be

adopted more particularly to explode the docket of the Court. The safeguards have already been provide therein that in the event it is found that the excess amount has been deposited the authority shall refund the same. Merely because the issue is pending before the Supreme Court does not mean that the Court would keep the proceedings in suspended animation for all time to come. The order of stay passed by the Court in effect restores the order of the Single Bench as the order which was challenged before the Supreme Court was an interim order and therefore, there is no impediment on the part of the subsequent Coordinate Bench to pass a suitable order in this regard. We, thus, do not find any ground for admission of the appeals. The same are thus dismissed.

( Harish Tandon, J. ) ( Shivakant Prasad, J.)