Disposed

Mustafa Khan v. the Tehsildar

Calcutta HC15 Nov 2021WPA/263/2021

Case brief

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What is this about?

The Calcutta High Court directed the Tehsildar, Port Blair to consider the petitioner's representation dated 31.05.2018 regarding recording his name as donee in respect of two properties claimed via oral gift, to be disposed of within four months.

What did the court decide?

Direction to the Tehsildar, Port Blair to consider the petitioner's representation for recording him as donee in respect of survey Nos. 1154/2 and 106 within four months.

Mustafa Khan Vs the Tehsildar — Property and Title | Calcutta HC (2021)

¶1

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT PORT BLAIR

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WPA/263/2021

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Mustafa Khan … Petitioner

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Vs.

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The Tehsildar … Respondent

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Mrs. Anjili Nag, Advocate … for the petitioner Mr.Ramendu Agarwal, Advocate … for the respondent

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November 15, 2021 [GNC]

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Item No.4

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Affidavit of service filed in Court is taken on record.

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The petitioner claims to have received the property being survey No.1154/2, measuring an area of 99 square meters and land bearing survey No.106 measuring 262 square meters situated at Junglighat village, Port Blair Tehsil, South Andaman as an oral gift from his father. He has applied for recording of the said Oral Gift with the Tehsildar, Port Blair tehsil on 31^st May, 2018.

¶11

Upon failure of the said Tehsildar to record the same, the writ petitioner had filed WP No.130 of 2020 in the Calcutta High Court in June, 2020. The said file is not traceable in the records of the High Court. The application for certified copies of the said records have also resulted in a naught.

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The instant writ application has been filed in the backdrop of the above and petitioner prays for a direction upon the Tehsildar to consider the petitioner’s representation for recording his name as Donee in respect of the aforesaid two properties.

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In that view of the matter, the Tehsildar, Port Blair Tehsil, South Andaman shall consider the writ petitioner’s representation for recording his name as Donee in respect of the said two properties. The representation dated 31^st May, 2018, being Annexure P-2 to the writ petition, shall be considered and disposed of preferably within a period of four months from the date of communication of a copy of this order.

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It is made absolutely clear that this Court has not entered into any right or claim in law and made by the writ petitioner in respect of the said two properties.

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The Tehsildar, Port Blair shall be entitled to enter into any question relating to the petitioner’s claim both in law and in fact and pass appropriate orders. The said order may be communicated to the petitioner within a period of 15 days thereafter.

¶17

The writ petition stands disposed of. There shall be no order as to costs.

Mustafa Khan v. the Tehsildar

Case brief

What is this about?

What did the court decide?

Mustafa Khan v. the Tehsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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