Shri Zeeshan Ghani v. The Sub Registrar, South Andaman And ANR
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] ...
WPA/273/2023 Zeeshan Ghani Vs.
The Sub Registrar, South Andaman and another Miss. Anjali Nag ... for the petitioner Mr.Tulsi Lall Mr. Rakesh Kumar ... for the respondents April 24, 2023 (Bithika) Item No.23 Learned Counsel for the respective parties are present.
The petitioner being the recorded tenant of bearing survey No. 2154/2, measuring an area 0.27 hector situated at village Aberdeen Bazaar under Port Blair Tehsil, South Andaman has applied for valuation certificate of the said property for the purpose of execution of sale deed. The respondent authorities have not provided the valuation certificate to the petitioner though it is not in writing but it has been informed to the petitioner that the Aberdeen Bazaar has not been notified in the circle rate in the notification dated 22nd October, 2019.
The Counsel for the petitioner relied upon a unreported judgment passed in WPA/232/22 (Rajammal
Vs. The Deputy Commissioner and others dated 25.07.2022 ) wherein the Coordinate Bench of this Court in the similar matter with regard to the revenue village of Mayabunder has not been notified in the circle rate has disposed of by directing the authority to decide the petitioner's application for assessment of valuation for the purpose of registration of the petitioner's property at Mayabunder on the similar property in adjacent village. Considered the submission made by the learned Counsel for respective parties, this Court finds that admittedly no such notification of circle rate of Aberdeen Bazaar has been published by the respondent authorities.
In view of the above, the respondent authorities are directed to assess the valuation of the property of the petitioner for the purpose of registration on the basis of the valuation of similar properties in adjacent village within a period of four weeks from the date of receipt of copy of this order and the same may be communicated to the petitioner within a week thereafter.
With the above direction, WPA No. 273 of 2023 is disposed of.
( Krishna Rao, J.)