R. Sarojammal v. Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/135/2024 R. Sarojammal Vs.

The Andaman and Nicobar Administration and Others Ms. G. Mini .... for the petitioner Ms. Babita Das ... for the respondents February 26, 2024 [SR] Item No.4 This is an application praying for a direction upon the respondent no.2 to issue a no dues and non-encumbrance certificate and to set aside the queries raised by the respondent authorities without any basis.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the 1/24th share holder in land bearing survey no.1521 situated at Haddo Villlage under Port Blair Tehsil, South Andaman District. The petitioner wants to sell her share of the property to a third party. For this she had made necessary online application/s before the concerned authorities for issuance of no dues and non-encumbrance certificate. The same have been rejected by the authorities on some pretext or the other. First, the question of obtaining No Objection Certificate from the co-tenant was raised. This was complied with and the relevant no objections were submitted. Yet, the petitioner's successive applications got rejected on the some ground or the other. Lastly, the request dated 07.12.

2023 was rejected on the ground that as per the field report, adjacent recorded tenant had raised retaining wall on the land of Rajeshwari and 23 others and no boundaries/pillars were found on that ground adjacent to Nallah. This can hardly be a ground for rejecting the petitioner's prayer for issuance of no dues and nonencumbrance certificate. Earlier, on similar facts, by an order dated 01.02.2024 passed by a Coordinate Bench of this Court in WPA/1/2024, the Tehsildar, Port Blair was asked to file a fresh report by clarifying the issue.

Learned counsel appearing for the respondent authorities submits as follows. The land in question is not demarcated and there are 24 co-sharers in the same. First, the land needs to be demarcated. Besides, there are other disputes that have arisen due to putting up of the retaining wall by one of the co-tenants in the said land.

It appears that the preliminary objection of the authorities that the petitioner had not obtained no objection from the co-tenants had been redressed. Yet, on some ground or the other, the petitioner's application for issuing of no dues and non-encumbrance certificate got rejected. The last rejection does not even clarify whether the issue of demarcation was relevant and was a ground for the said rejection.

Therefore, the said rejection is set aside and the Sub Divisional Officer is directed to consider the prayer of the petitioner afresh after obtaining a fresh report from the concerned Tehsildar in the light of the observations made above as expeditiously as possible, preferably within a period of two months from the date of communication of this order.

With these observations, the writ petition is disposed of. Since affidavits have not been called for, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified photostat copy of this order, if applied for, be supplied to the parties, upon compliance of usual formalities. ( Jay Sengupta, J. )