Laxmi Rani Sarkar v. The Deputy Commissioner
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/222/2022 Laxmi Rani Sarkar ... Petitioner Vs.
The Deputy Commissioner and Another ... Respondents Mr. Ananda Halder ...for the petitioner Mr. Shatadru Chakraborty ...for the respondents August 18, 2022 [MAM] Item No.3 The petitioner is the joint recorded tenant of the land bearing survey Nos.355/1 and 355/2 situated at Ramkrishnagram village under Diglipur Tehsil. In view of the petitioner's first marriage with one Khokan Chandra Das the name of the petitioner has been incorporated in the land record of the aforesaid landed property as Smt. Laxmi Rani Das. Subsequently, due to some difference of opinion, a joint petition for dissolution of marriage was filed and by an order dated 24.11.2008 passed by the learned District Judge, Andaman & Nicobar Islands, Port Blair, said marriage of the petitioner with Shri Khokan Chandra Das got dissolved under Section 13(B) of the Hindu Marriage Act being Matrimonial Suit No.61 of 2008.
It is further submitted on behalf of the petitioner that subsequently the petitioner remarried with one Shri Biswajit Sarkar and adopted the surname of her husband
as Sarkar and accordingly the name of the petitioner is appearing as "Smt. Laxmi Rani Sarkar" in all her official documents like Adhaar Card, PAN Card, Ration Card etc. It is submitted on behalf of the petitioner that the petitioner already sold her share of land in the aforesaid landed property and for the purpose of registration of sale deed the petitioner had to produce her Adhaar Card, Ration Card and PAN Card to tally the same with the land record but as the name of the petitioner is appearing as Smt. Laxmi Rani Das in the land record, the sale deed cannot be registered until and unless the name of the petitioner is recorded in the aforesaid land record incorporating her name as "Smt. Laxmi Rani Sarkar" in place of "Smt. Laxmi Rani Das".
The petitioner filed an application under Section 87 read with Section 89 of the Andaman & Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 to the respondent No.1 along with all the relevant documents for correction of her name in the land record as above. The respondent No.1 referred the matter to the respondent No.2 for report and the respondent No.2 already obtained the statement of other joint recorded tenants that they do not have any objection for correction of name of the petitioner in the land record but even thereafter the respondent No.2 issued the impugned notice on 26.9.2022 directing the petitioner to produce the marriage certificate failing which
her case will be recommended for rejection and it is submitted that such order has been passed violating catena of judgments passed by different courts that strict proof of marriage is not necessary, unless and until such dispute relates to matrimonial dispute. He further submits that the documentary evidence produced by the petitioner is sufficient enough to correct her name as "Smt. Laxmi Rani Sarkar" in the aforesaid land record.
Being aggrieved by the impugned notice dated 29.6.2022 the petitioner has preferred this application under Article 226 of the Constitution of India for passing necessary direction to correct her name from "Smt. Laxmi Rani Das" to "Smt. Laxmi Rani Sarkar" in the aforesaid land record.
It appears that inspite of direction passed by this Court vide order dated July 28, 2022, the respondent/ authorities has not filed any Affidavit-in-Opposition, however Mr. Chakraborty, learned Advocate, appearing on behalf of the respondents submits that the authority has not yet taken any final decision in respect of the petitioner's prayer dated 27th December, 2021 and as such the Writ application is not maintainable. The petitioner has appropriate remedy before the authority concerned who had issued the notice, requesting the authority not to insist for furnishing marriage certificate.
I have gone through the annexures and it appears that the property in question namely Plot No.355/1 and Plot No.355/2 has been recorded in the name of Laxmi Rani Das along with other co-sharers. It also appears that by an order dated 24.11.2008, the first marriage of the petitioner with aforesaid Khokan Chandra Das got dissolved by way of decree of divorce dated 24.11.2008 passed by the learned District Judge, Andaman & Nicobar Islands, Port Blair. It also appears from the copy of Adhaar Card, PAN Card, Voter Card and also the petitioner's daughter's Birth Certificate and her daughter's Adhaar Card that her title has been duly recorded as "Sarkar". It also appears that she has sworn an affidavit which was published by way of an advertisement in a newspaper on January 6, 2022 declaring that by virtue of her marriage she has adopted her husband's title and accordingly her name shall be read and recorded as "Smt. Laxmi Rani Sarkar" instead of "Smt. Laxmi Rani Das" in all official purposes.
It appears that the concerned authority namely the Tehsildar, Diglipur by the impugned notice dated 29.6.2022, has directed the petitioner to submit the marriage certificate, in default her case will be recommended for rejection.
The petitioner submits that her second marriage was a social marriage under the Hindu Marriage Act and under
the Hindu Marriage Act the registration of marriage is not compulsory and her said second marriage has not yet been registered and as such she is not in a position to submit marriage certificate as demanded by the competent authority in their impugned notice dated 29.6.2022. Having considered the aforesaid facts and circumstances of the case, the Writ Petition being WPA 222 of 2022 is hereby disposed of with a direction upon the appropriate authority to consider and dispose of the petitioner's application under Sections 87 and 89 of the Andaman & Nicobar Islands Land Revenue and Land Reforms Regulaiton, 1966 for correction of her name in the land record, dated 27th December, 2021, without insisting for filing marriage certificate as only proof of her remarriage, within a period of two months from the date of communication of this order. However, this order will not preclude the competent authority to make enquiry about her alleged remarriage on the basis of other documentary and/or oral evidence, for their satisfaction for the purpose of disposal of the said application.
(Ajoy Kumar Mukherjee, J.)