Karim Bux And ANR v. The Andaman And Nicobar Administration And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/755/2023 Shri Karim Bux and Anr. ... Petitioners Vs.

The Andaman & Nicobar Administration and Ors. Mr. K. Vijay Kumar ...for the Petitioners Mr. V.D Sivabalan Mr. Arun S.Kumar ... for the Respondents July 24, 2023 (M.A.Mobin) Item No.21 On the prayer of the learned Advocate for the petitioners, leave is granted to add Parven Begum, daughter of Wahid Bux, a resident of Aberdeen village, Port Blair Tehsil, South Andaman District, Pin-744101, as a party respondent in the present petition.

Let the aforesaid correction be carried out in the cause tittle of the petition in course of the day, by the petitioners advocate on record.

Let it be recorded that a copy of the writ petition has been made over by the learned Advocate for the petitioners to Mr. K. Sabir learned Advocate, who accepted the service of the petition on behalf of the private respondent.

The present writ petition has been filed, inter alia, praying for a direction upon the respondent No.2 to register the sale deed presented by the petitioners before him. It is the petitioners' case that the petitioners had sold the land bearing Survey No. 46, corresponding to provisional survey No. 2017, measuring an area 0.0138 hectares, classified as House Site, situated at Aberdeen Village under Port Blair Tehsil, South Andaman District, to Smt. Uma Podder, wife of Shri Nirmal Podder, for and at a consideration as set for in the deed of conveyance. Although, the aforesaid documents had been executed on 16th May, 2022 and had been submitted to the respondent No.2 for registration, the same had been kept pending. It is submitted on behalf of the petitioners that the sum of Rs.30,479/- has already been paid in favour of the Sub-Registrar, South Andaman District by way of Demand Draft towards registration fees.

It is still further submitted that a no due certificate has also been issued by the Revenue Officer, Municipal Council, Port Blair and as such there could be no impediment in registering the deed.

Mr. K. Vijay Kumar, learned Advocate representing the petitioners submits that although, the respondent No.2 was under an obligation to register the sale deed, the same has not been done. Initially the same was kept pending, however, subsequently, after prolong delay the same has been returned, inter alia, by claiming that since, there is an

objection, the aforesaid document cannot be registered. It is still further submitted that no order of rejection passed by the respondent no.2, he has simply returned the document. He says that unless a specific direction is issued by this Hon'ble Court on the respondent No.2 to register the sale deed, the petitioners will suffer irreparable loss and injury. Mr. K. Sabir, learned Advocate enters appearance on behalf of the private respondents. He submits that a civil suit is pending between the parties. He, however, candidly submits that no order of injunction has been passed in favour of his client concerning the aforesaid property. Mr. Sivabalan, learned Advocate representing the respondent Nos. 1 & 2 submits that since, an objection had been received from the private respondent, the authorities have not registered the aforesaid deed.

Having heard the learned Advocates appearing for the respective parties and having considered the materials on record, I am of the view that the respondent No.2 cannot choose to deny registration of the aforesaid document, inter alia, on the ground that an objection has been received from the private respondent. In this case there does not appear to be any order of injunction passed by any competent civil Court, restraining the petitioners from dealing with and/or disposing of their interest in the property in question, at least none of the parties could bring such an order to the notice of this Court. No order

refusing to register the deed has also been placed before this Court by any of the parties.

Having regard to the same, I am of the view that the respondent No.2 should forthwith take steps and cause registration of the aforesaid sale deed, if otherwise there be no impediment in registering the same. The aforesaid process shall be completed by the respondent No.2 within a period of four weeks from the date of presentation of the document for registration.

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

Since, no Affidavit-in-Opposition has been called for the allegations made in the petition are deemed not to have been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for be made available to the parties upon compliance of all formalities.

(Raja Basu Chowdhury, J.)