Smti.K.Chella Ponnu v. The Andaman And Nicobar Administration And ORS.
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] *** WPA/276/2025 Smti. K. Chella Ponnu Vs.
The Andaman and Nicobar Administration and Others Mr. K. M. B. Jayapal ... for the petitioner Ms. Babita Das ... for the respondents June 18, 2025 [AKB] Item No.12 This writ petition is filed for setting aside and/or quashing of the impugned online communication uploaded in the relevant portal of the Administration marked as Letter P4. The petitioner contends that she is the recorded tenant in respect of 'Abadi' land bearing Survey No. 63 measuring an area of 0.0300 Hectare classified as house site situated at Carbyns' Cove Village under Port Blair Tehsil, South Andaman District and has been regularly remitting land revenue before the respondent No.2, Sub Divisional Officer, South Andaman, Sri Vijay Puram. The petitioner intend to sale the subject land in favour of the intending purchaser.
Previously the petitioner could not register the deed of conveyance since 'No Dues' Certificate and 'Non Encumbrance' Certificate was not issued in favour of the petitioner by the Administration. However, with the coming into effect of order dated 05.06.2025 there is no requirement of obtain 'No Dues' Certificate and 'Non Encumbrance' Certificate for the purpose of effecting registration of deed of conveyance by the registering authority. Prayer is sought for directing respondent No. 4 Sub-Registrar, South Andaman, Sri Vijaya Puram to effect the registration of deed of conveyance in respect of the subject land. Mr. KMB Jayapal, learned advocate for the petitioner submits that in view of order passed by Assistant Secretary (Revenue), Andaman & Nicobar Administration dated 05.06.
2025, 'No Dues' certificate and 'Non Encumbrance' Certificate are no more required for registration of deed of conveyance before the registering authority. He seeks for appropriate direction upon respondent No.4 for effecting registration of the deed of conveyance taking into consideration the order passed by the Administration on 05.06.2025.
Ms. Babita Das, learned advocate representing respondentAdministration submits that the petitioner for effecting the registration of the deed of conveyance is to comply with the order dated 05.06.2025 passed by the Administration. Having heard the learned advocates for the respective parties, the relevant portion of the order dated 05.06.2025 (letter P5) annexed to the writ petition is reproduced hereunder: "1. No dues certificate and Non-Encumbrance Certificate:
The revenue receipt is issued by the Revenue Department every year and the same has to be verified at the time of Registration by Sub-Registrar i.e. SDM to check the revenue dues, if any. Hence, there is no need for the separate "No Due Certificate" and "Non-Encumbrance Certificate". The same shall be discontinued with effect from 09.06.2025. In case of any dues from any bank, same has to be verified by the buyer through Record of Right (ROR) and local inquiry. However, a self-declaration may be given by the parties for this on the line of ease of doing."
From the aforesaid order it manifests that 'No Dues' Certificate and 'Non Encumbrance' Certificate is no more required for registration of the deed of conveyance. In case of any dues from any bank, a self declaration may be given by the parties with such regard.
In view of the above order passed by the Assistant Secretary (Revenue), Andaman & Nicobar Administration, respondent No.4, Sub-Registrar, South Andaman, Sri Vijaya Puram being the registering authority shall take steps for effecting registration of deed of conveyance in accordance with law taking into consideration order dated 05.06.2025, in the event such deed of conveyance is presented before it by the petitioner subject to compliance of other necessary formalities.
It is made clear that the previous communication namely letter P4 will not stand in the way of registration of the document, subject to compliance of other formalities.
With the aforesaid direction the instant writ petition being WPA/276/2025 is disposed of.
Since no affidavit has been called for, the allegations made in the writ petition are deemed to be not admitted. Interim order, if any, stands vacated.
All connected application, if any, stand disposed of. Urgent Photostat certified copy of this order if applied for be supplied to the parties upon compliance of all necessary formalities.
( Bivas Pattanayak, J. )