GHANSHYAM AGARAWAL Vs. SECRETARY REVENUE

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution of India filed by writ petitioner. The case of the petitioner, in short, is that he has purchased a property bearing Survey No. 75/2/3 measuring 600 Square meters situated at Austinabad, Port Blair, from the respondent no.4 in auction sale. The respondent no.4 issued sale certificate and thereafter the petitioner approached the Tehsildar for mutation in his name. The Tehsildar asked the petitioner that the application be submitted by the bank. Accordingly, the Bank, that is, respondent no.4 submitted the application requesting the Tehsildar to mutate the property bearing survey no. 75/2/3 measuring 600 square meters, situated at Austinabad in favour of the petitioner being the auction purchaser. No action was taken by the Tehsildar and the writ petition was filed before this Court which was disposed of directing the Tehsildar to consider the application for mutation and to take steps for mutating the property in favour of the petitioner within three weeks from the date of communication of the order.

(2.) The Tehsildar thereafter passed the impugned order refusing to mutate the property in the name of the petitioner on the grounds that no sale deed had been presented and no permission for transferring the property was granted. On such grounds, the Tehsildar held that the request for mutation could not be acceded to.

(3.) Being aggrieved by the said order passed by the Tehsildar, the instant application has been filed. It is contended by Mrs. Nag that auction was held on 18.12.2008. The sale certificate was issued on 9.2.2009 and the application for mutation in favour of the petitioner was filed on 13.2.2009 by the Bank. It is contended by Mrs. Nag that in case of sale certificate, no registration is required under Section 17(2)(xii) of the Indian Registration Act. It is contended that the auction sale was held by Registrar of Cooperative Societies, who is a government officer in the Civil Department.