Ahmediyya Mosque Committee v. The Deputy Commissioner And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/915/2023 IA No.CAN/1/2024 Ahmediyya Mosque Committee Vs.

The Deputy Commissioner and others Mr. Ananda Halder ... for the petitioner Mr. V.D.Sivabalan ... for the respondents February 5, 2024 [SR] Item No.12 The petitioner prays for a direction on the respondents to issue No dues and non-encumbrance certificate in respect of a land situated at Port Blair Tehsil recorded in the name of the petitioner committee. The petitioner requires those documents for the purpose of registration of gift deed which would appear from a self declaration for no dues and nonencumbrance and valuation certificates made on behalf of the Ahmediyya Mosque Committee on 6th April, 2023. Learned counsel appearing for the petitioner submits that the petitioner had made an application on online before the concerned authority for issuance of no dues and nonencumbrance certificate to the Ahmediyya Mosque Committee but that the application was rejected on 13th June, 2023 directing the petitioner to submit the allotment order of the said land.

Counsel submits that the land was regularized in the name of Ahmediyya Mosque Committee way back in 1992 without a formal order of allotment under the regularisation scheme of 1987. This submission appears to be correct in view

of the document enclosed in the affidavit-in-opposition filed by the respondents in Form AG-3 which is a "licence to occupy land for non-agricultural purpose". Clause 2 of the licensee (petitioner herein) shall not use the licence granted to him for any purpose other than construction of Mosque building. Learned counsel appearing for the respondents submits that the licence to occupy was the only document given to the petitioner at the relevant point of time and there is no allotment letter. This position is sufficient for the court to quash the communication at Annexure P-6 of the writ petition whereby the authority concerned has directed the petitioner to submit the allotment letter and sent back the petitioner's application for no dues and non-encumbrance certificate on that basis alone.

There appears to be some subsequent facts which are not on record including that the petitioner is trying to alienate the land in favour of the third party and the petitioner denying the said allegation. This Court is of the view that the respondent authorities including the Deputy Commissioner should give an opportunity of hearing to the petitioner in respect of the petitioner's request for no objection and nonencumbrance certificate for the purpose for which the petitioner seeks those documents.

WPA/915/2023 is accordingly disposed of with a direction on the respondent no.1 to give an opportunity of hearing to the petitioner and consider the petitioner's request for documents forming a part of prayer (i) of the writ petition for purpose for which the documents have required. The respondent no.1 shall pass a reasoned order pursuant to such

opportunity of hearing within six weeks from date of on which the petitioner is last heard.

Re: CAN/1/2024 Learned counsel appearing for the respondents persuades the Court to recall the order dated 30th January, 2024 whereby the respondents were directed to pay costs to the State Legal Services Authority, Andaman and Nicobar Islands. Since the respondents have filed the affidavit-inopposition on the next date, the order dated 30th January, 2024 is recalled.

CAN/1/2024 is disposed of in terms of the above. Parties to act on a server copy of this order duly downloaded from the official website of the Hon'ble High Court at Calcutta.

( Moushumi Bhattacharya, J. )