K.Prem Kumar v. The Andaman And Nicobar Administration And Others
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/175/2022 K.Prem Kumar VS The Andaman and Nicobar Administration and others Mr. KMB Jayapal ... for the petitioner Mr. VD Sivabalan ... for the official respondents Mr. Lokesh Chezian ... for the private respondent No.3 April 2, 2024 [AKB] Item No.34 All the learned counsels appearing on behalf of the parties to this writ application are present. Mr. Jayapal, learned advocate appearing on behalf of petitioner has submitted that in order to get one release deed registered under the provisions or Registration Act, 1908, it has been submitted before the office of the Sub Registrar, South Andaman, Port Blair respondent No. 2 herein, alongwith all the documents including valuation certificate and stamp duty to the tune of Rs. 28,675/-, but the registering authority refused to register the same by refunding the release deed to the writ petitioner on the ground of absence of a party.
Mr. Jayapal has submitted that such refusal on the part of the registering authority is absolutely unbecoming as it was not supported by any reasoned order according to the provisions 17 of Indian Registration Act. In support of his contention Mr. Jayapal has drawn my attention to one uploaded document with remark "party not present".
In opposition to that, learned advocate appearing on behalf of the private respondent No. 3 has submitted that respondent No. 3 did not put any signature on the release deed. However, liberty may be
given to the respondent No. 3 for filing objection to the registering authority.
Given facts and circumstances the registering authority i.e. respondent No. 2, is directed to dispose of the application for registration submitted by the petitioner by giving a reasoned order in compliance with the provisions prescribed therefor.
Liberty is given to the private respondent No. 3 to file written objection, if any.
Registering authority is to adjudicate the issue mentioned herein above within four weeks from date. With the aforesaid observation the writ application is disposed of.
(Bibhas Ranjan De, J.)