Shri Tarun Kumar Mandal v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/483/2023 Shri Tarun Kumar Mandal

Versus

The Lieuteant Governor and other Mr. K. Vijay Kumar ... for the petitioner Mr. V.D.Sivabalan Mr. Arun S. Kumar ... for the respondents March 16, 2023 [AKB] Item No.5 Mr. Vijay Kumar, learned counsel appearing for the petitioner submitted that the petitioner is the recorded tenant of a plot of lands descried in para 3 to the writ petition. Drawing attention to Annexure P-1 at page 18 to the writ petition, he submitted that, the name of the petitioner had also featured in the Record of Rights relating to the said immovable properties.

Learned counsel then drew attention of this Court at the Gazette Notification dated October 22, 2019, Annexure P-3 at page 23 to the writ petition, and submitted that under such Gazette Notification the circle rate of diverse lands adjacent to the petitioner's lands had been assessed on the basis whereupon the stamp duty are to be paid for in the case of transfer of right, title and interest of the lands. The petitioner submitted that, the lands of the petitioner are situated at the village: Sita Nagar which had not featured in the said Gazette Notification, as a result the circle rate of the land of the petitioner could not be assessed. The petitioner now wish to transfer his land. Since the circle rate is not assessed, the petitioner is not in a position to convey the land on the basis whereof stamp duty has to be paid.

Learned counsel for the petitioner further submitted that, the petitioner tried to apply through online portal before the respondent No.5 but such online application was

not accepted, as the name of the village Sita Nagar did not feature in the said Gazette Notification fixing circle rate. Mr. V.D.Sivabalan, learned advocate appeared for the respondents.

To sub serve justice, the petitioner shall be at liberty to apply before the respondent No. 5 by furnishing a written representation offline requesting the state authority to take an immediate step for assessment of the circle rate of the lands of the petitioner as described in the para 3 to the writ petition within a period of two weeks from date. In the event, such an application is submitted to the respondent No. 5, upon giving at least seven days hearing notice to the petitioner, it shall decide the same by giving an opportunity of hearing to him and shall pass a reasoned order assessing the circle rate of the properties of the petitioner mentioned in the para 3 to this writ petition. The entire exercise as directed above shall be carried out and completed by the respondent No.

5 positively within a period of six weeks from the date of receiving the application in physical form from the petitioner and the respondent No. 5 shall communicate his reasoned order to the petitioner within a further period of one week from the date of the said reasoned order to be passed. Since the affidavits are not called for the allegation made in this writ petition are deemed not to have been admitted by the respondents.

The respondent No.5 shall take a decision as directed above strictly in accordance with law.

This order shall not create any equity or right in favour of the petitioner in respect of the lands not more that the right he has and he is enjoying.

On the above terms this writ petition being WPA/483/2023 stands disposed of, without any order as to costs.

(Aniruddha Roy, J.)