Shri Raja Padmakar Rao v. The Deputy Commissioner And ANR
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/669/2024 Shri Raja Padmakar Rao Vs.
The Deputy Commissioner and Another Ms. A. S. Zinu ... for the petitioner Ms. Babita Das ... for the respondents December 05, 2024 [SR] Item no.2 1.
The order dated 18.09.2024 passed by the Tehsildar, Port Blair deleting the name of the petitioner from the land records relying on a deed of sale allegedly executed by the recorded owner in favour of one Shri Mukesh Lall is impugned in the instant writ petition.
2.
The person in whose favour the land has been currently recorded has not been impleaded as party in the instant writ petition.
3.
According to the petitioner the subject land was recorded in his favour relying on a registered Will and mutation was also made in his favour upon payment of mutation fee vide RC No.2108/TPB/2012.
4.
The petitioner contends that after such long period of time, the authority ought not to have deleted his name from the land records.
5.
Learned advocate representing the respondents submits that the name of the petitioner stood deleted as a registered
deed of sale was found to have been executed by the recorded owner in favour of the aforesaid Shri Mukesh Lall. 6.
Upon hearing the parties and on perusal of the materials on record, it appears that an issue has been raised with regard to the ownership of the subject property. The Tehsildar is not the competent authority to decide the ownership of any land. 7.
It will be open for the petitioner to approach the competent civil court for declaration of the ownership right. If the petitioner succeeds to obtain an order declaring him to be the owner of the subject land, then, the Tehsildar will be bound to take necessary steps in accordance with the order passed by the Civil Court.
8.
There is hardly any scope for the writ court to enter into and decide the instant issue.
9.
Accordingly, the writ petition stand disposed of. No order as to cost.
10.
Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Amrita Sinha, J. )