Omana Francis v. The Lt. Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/754/2023 Omana Francis Vs.

The Lt. Governor and Others Mr. K Vijay Kumar ... for the petitioner Mr. V.D.Sivabalan ... for the respondents July 26, 2023 (SR) Item No.5 Mr. Kumar, learned advocate appearing for the petitioner submits that the petitioner is the recorded tenant of the land bearing survey no.443, measuring an area of 1.000 hectares situated at Keralapuram Village under Diglipur Tehsil, North and Middle Andaman District. As the circle rate of the concerned property was not being determined by the authorities, the petitioner was not in a position to sell the same. Ventilating such grievance, the petitioner approached this Court earlier by filing a writ petition being WPA/292/2021.

The same was disposed of by an order dated 29th July, 2022 directing the respondent authorities to take immediate steps for assessment of the circle rate pertaining to the petitioner's property on the basis of the circle rate of similar properties in adjacent villages and to convey their decision to the petitioner as expeditiously as possible. Pursuant to such direction, ultimately the valuation certificate was issued by the respondent no.5 on 7th December, 2022. Thereafter the petitioner entered into an agreement to sell the property. Subsequently, the sale deed was presented for registration online but the same was not accepted.

towards such non-acceptance was communicated to the petitioner. As the sale deed is not being accepted, the purchaser has withheld the consideration money. The petitioner ventilated such grievance submitting a representation to the respondent no.4 but in vain. Aggrieved thereby, the petitioner has filed the present writ petition.

Mr. Kumar further submits that the petitioner is an aged lady of 80 years and unless she is allowed to submit the sale deed for registration either online or off-line, she would not be able to realise her dues from the purchaser which she desperately requires for her treatment.

Mr. Sivabalan, learned advocate appearing for the Administration submits that the notification requires submission of an application online within a stipulated period. As the sale deed was not submitted online within the said period, the respondents were unable to take appropriate steps. However, he submits that the respondents are taking necessary steps for incorporating the circle rate in the notification pertaining to the property concerned and to extend the time for online submission. This Court has been informed that the notification pertaining to online submission was issued by the Administration. On one hand, the petitioner's sale deed for registration has not been accepted online on a purported plea that the circle rate has not been included in the notification and the period specified for such submission online has already expired. On the other hand, the respondents have denied to accept the off-line presentation and in the process, the petitioner, being an octogenarian, had been the worst sufferer. It is the

State's obligation to ensure that its citizens do not succumb to the procedural rigmarole.

In the said conspectus, this Court directs the petitioner to submit a fresh representation along with a copy of the writ petition and the present order to the respondent no.3 within a period of two weeks from date. Upon receipt of the same, the said respondent shall consider the petitioner's grievance and take necessary steps to redress her grievance either by amending the notification and allowing online presentation or by directing the appropriate authority to accept off-line presentation. Such decision shall be taken by the respondent no.3 in the light of the observations made in the present order within a period of two weeks from the date of receipt of the petitioner's representation, upon granting an opportunity of hearing to a representative of the petitioner.

The respondent no.3 shall also communicate such decision to the petitioner within a week thereafter.

With the above observations and directions, the writ petition is disposed of.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

( Tapabrata Chakraborty, J.)