Vidya Kumari Vs the Andaman and Nicobar Administration and Ors. — Calcutta HC (2024) — LawSathi Research

Vidya Kumari Vs the Andaman and Nicobar Administration and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.2/the Tehsildar, Port Blair: issue summons under Form-K to the interested parties within 7 days, then follow due process and dispose of the petitioner's mutation application within 3 weeks from issuing the summons; the Bank's No Objection certificate objection to be raised only before the Tehsildar. WPA/121/2024 allowed and disposed of in terms thereof.

Issue for consideration

Whether respondent no.2/the Tehsildar, Port Blair should be directed to dispose of the petitioner's pending application for mutation of land, notwithstanding that respondent no.3 (State Bank of India) failed to lodge objections in terms of Form-J within the prescribed 15 days and the Tehsildar had not issued Form-K summons.

Court's answer

The objection of the State Bank of India (that it is not inclined to grant a No Objection certificate, citing the petitioner's substantial loans) can only be taken before the Tehsildar, not resolved through the writ petition.

Ratio / Principle

The Tehsildar is directed to issue summons under Form-K to the interested parties within 7 days from the date of the order.

Key takeaways

Thereafter the Tehsildar is to follow due process and dispose of the mutation application within 3 weeks from the date of issuing the summons.ratio¶17

Detailed headnote1 paragraphs

High Court at Calcutta (Circuit Bench at Port Blair), WPA/121/2024 — Vidya Kumari v. The Andaman and Nicobar Administration and others (respondent no.3: Branch Manager, State Bank of India, Haddo, Port Blair), order dated 8 February 2024 (Moushumi Bhattacharya, J.). The petitioner's land-mutation application filed on 23 March 2023 remained undisposed though the Tehsildar had published the notice under Rule 135(3) of the Andaman and Nicobar Islands Land Revenue and Land Reform Rules, 1968 on 28 July 2023, giving a 15-day objection window (Form–J); respondent no.3 failed to take steps in terms of Form-J, and the Tehsildar had issued no Form-K summons. Held: (i) the Bank's objection — grounded in the petitioner's substantial loans and its non-inclination to grant a No Objection certificate — can only be taken before the Tehsildar; (ii) the Tehsildar shall issue Form-K summons to the interested parties within 7 days; and (iii) following due process, the mutation application shall be disposed of within 3 weeks from issuance of the summons. WPA/121/2024 allowed and disposed of accordingly.

1

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ]

WPA/121/2024

Vidya Kumari

Vs.

The Andaman and Nicobar Administration and others

Ms. G.Mini … for the petitioner Mr. V.D.Sivabalan … for the Administration Ms. Shipra Mondal … for the respondent no.3

February 8, 2024 [SR]

Item No.15

The petitioner prays for a direction on the respondent no.2/the Tehsildar, Port Blair to dispose of the application filed by the petitioner for mutation of land bearing survey number indicated in prayer (ii) of the writ petition.

It appears from the documents that the petitioner filed the application on 23^rd March, 2023 and the Tehsildar published the notice under Rule 135(3) of the Andaman and Nicobar Islands Land Revenue and Land Reform Rules, 1968 on 28^th July, 2023. Form –J makes it clear that the objection to the publication must be entered within 15 days of receipt of the notice. The respondent No.3, being the Branch Manager, State Bank of India, Haddo, Port Blair, failed to take steps in terms of Form-J. Form-K of the rules authorised the Tehsildar to issue summons for appearance to the interested parties. It also appears that the Tehsildar did not take any steps to issue any summons for appearance to the respondent no.3, State Bank of India.

2

Learned counsel appearing for the respondent no.3, State Bank of India submits that the petitioner has taken substantial loans from the State Bank of India and for by reason that the State Bank of India is not inclined to grant a No Objection certificate.

This Court is of the view that this objection of the Bank only be taken before the Tehsildar. The Tehsildar shall hence issue summons under Form-K to the interested parties within 7 days from today.

The Tehsildar will follow due process thereafter and dispose of the application within 3 weeks from the date of issuing the summons as directed.

WPA/121/2024 is allowed and 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. )