Harika Sahani v. The Deputy Commissioner And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/960/2023 Smt. Harika Sahani ... Petitioner Vs.

The Deputy Commissioner and Another ... Respondents Ms. A.S. Zinu ...for the Petitioner Mr. V.D. Sivabalan ...for the Respondents October 18, 2023 (M.A.Mobin) Item No.8 The instant petitioner preferred the Writ application before this Court as her sale permission was refused by the office of the Deputy Commissioner, South Andaman District. The report was called for by this Court from the concerned authority which indicates that one suit is pending. Thus, the sale permission was refused. The detailed report was called for from the authority concerned again to indicate whether there is any order of stay or order of injunction which was standing in the way to alienate the suit property. No such report is forthcoming. Considering the same the instant Writ Petition is disposed of with a direction upon the concerned authority to allow the sale permission in favour of the petitioner if she is otherwise enable to sale out the property-in-question if, there is no specific order of injunction or stay passed by the any Court in respect of the land-in-question.

I make it clear that the transfer of suit property is not barred if there is no order of injunction or stay by a competent Court, subject to fact that principle of lispendence shall always applicable.

The concerned authority must act according to the direction of this Court within a fortnight.

Accordingly, the instant Writ Petition is disposed of. (Subhendu Samanta, J.)