Raja Bhagwan Das Kapoor v. The Andaman And Nicobar Administration And ANR.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/111/2022 Raja Bhawan Das Kapoor ... Petitioner Vs.
The Andaman and Nicobar Administration and another ... Respondent Mr. K.M.B Jayapal ... for the petitioner Mr. V.D.Siviabalan ... for the respondents August 26, 2022 [AKB] Item No.6 The matter is taken up for final hearing on the consent of both the parties. Since the affidavit in opposition have not been called for, the allegations made in the petition are deemed not to have been admitted.
Being aggrieved and dissatisfied by the inaction and non action on the part of the respondent authorities to grant sale permission in favour of the writ petitioner in connection with the subject land, the writ petitioner has preferred this writ application under Article 226 of the Constitution of India.
It is contended by learned counsel for the petitioner that writ petitioner is a recorded tenant in respect of land bearing survey no. 39/2 measuring an area of 200 sq.mtr situated at Prothrapur village under Port Blair Tehsil, District South Andaman which duly stands recorded in his name in the government revenue record of rights as maintained in the official course by the Tehsildar. Port Blair Tehsil.
The petitioner applied for conversion of the subject land before the concerned authority and on the basis of such application appropriate proceeding in case no. 278 of 2004 was instituted in the court of Sub Divisional Officer, South Andaman and finally by an order dated 21.02.2005 the said authority permitted the petitioner to utilize the area
of 200 sq.mtr. in survey no. 39/2 for house site on payment of premium which the writ petitioner deposited through challan. The petitioner with a view to convey the subject land approached the respondent no.2 the Deputy Commissioner, South Andaman District for issuance of sale permission and for that purpose he has obtained no dues/non encumbrance certificate as also valuation certificate from the competent authority and the authority on 12.11.2020 granted no dues/non encumbrance certificate along with valuation certificate. On the basis of such document the writ petitioner sought for sale permission and on 12.01.2021 the respondent no.2 herein granted sale permission in favour of the writ petitioner for a period of one year from the date of issuance of such order.
As the sale deed could not be executed by the writ petitioner within the period of validity of one year, due to some unavoidable circumstances, the sale permission granted on 12.01.2021 lost its force. Thereafter again the writ petitioner obtained no dues/non encumbrance certificate including valuation certificate on 10.01.2022 as also on 11.01.2022 from the competent authority and the writ petitioner on 11.02.2022 submitted an application for grant of sale permission but the said respondent no. 2 is sitting tight over the matter and no sale permission has been accorded in favour of the writ petitioner.
Mr. Jayapal, learned counsel appearing on behalf of the petitioner submits that there is no legal embargo to grant sale permission in favour of the writ petitioner in the manner it was issued previously on 12.01.2021 by the respondent no. 2 herein. Unfortunately the respondent authorities failed to discharge their constitutional legal obligation in issuing sale permission in connection with the subject land in favour of the writ petitioner.
Mr. V.D.Sivabalan, learned counsel appearing on behalf of the respondent submits that the writ petition is not maintainable in the eye of law and is liable to be rejected in limini.
Having considered the aforesaid facts and circumstances of the case the writ petition being WPA/111/2022 is hereby disposed of with a direction upon the respondent no. 2 to dispose of the representations submitted by the petitioner on 11.02.2022 within a period of three weeks from the date of communication of the order after hearing the writ petitioner and on consideration of documents placed before them at the time of consideration of the representation. It is also made clear that all points
agitated before this court by the writ petitioner and the respondent shall be kept open for decision at the time of disposal of the said representation dated 11.02.2022. Respondent shall communicate the fate of representation to the petitioner within a week after such disposal. There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, shall be supplied to the parties upon compliance of all formalities.
(Ajoy Kumar Mukherjee, J.)