MOHAMMED UMMER Vs. LIEUTENANT GOVERNOR

JUDGEMENT

(1.) The petitioner is licensee of a non-agricultural land (house-site) bearing survey no.34/2 measuring an area of 91 square meters situated at village Lamba Line, Port Blair Tehsil, South Andaman District and he filed a petition for issuance of sale permission to the office of the Deputy Commissioner, South Andaman District. The Deputy Commissioner, the respondent No.3 herein refused to issue the sale permission on the ground that the petition was not accompanied by No Dues Certificate issued by the Municipal Council.

(2.) It is reflected from record of holding register that the petitioner is recorded tenant in respect of survey/plot No.34/2 in respect of 91 square meters. Mr.Thakur, learned counsel appearing for the petitioner invites my attention to the Press Release of the Deputy Commissioner, South Andaman dated 15.03.2017 whereby it has been informed to all concerned to seek permission for sale/gift/mortgage permission from the competent authority from the Deputy Commissioner, South Andaman and henceforth it was said that all the applicants who require the said permission has to file and submit relevant application with the certified/self-attested documents (viz copies of RoR, sketch map, No Dues Certificate and non-encumbrance as well as valuation certificate) and any application seeking sale/gift/mortgage permission without accompanying the requisite certificates/self-attested documents shall not be entertained.

(3.) It is submitted on behalf of the petitioner that with regard to transfer of interest towards non-agricultural (house-site) in respect of the survey number under reference the Reader to the Deputy Commissioner, South Andaman by letter dated 16th October, 2017 informed the petitioner that after examining his case and the application filed on 3rd October, 2017 that permission for transfer of such land was turned down because the application for transfer of interest has not been accompanied with No Dues Certificate from the Port Blair Municipal Council. An appeal was preferred by the writ petitioner before the Secretary(Revenue) being the Appellate Authority, Andaman and Nicobar Administration, Port Blair against the said order. Revenue Secretary in FRA No.06 of 2018 upheld the order of the Deputy Commissioner vide letter dated 15th October, 2017 by quoting the provisions of section 159(9) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 which inter alia, provides that the interest of a licensee of a non-agricultural land shall not be transferable except with the previous permission in writing of the Deputy Commissioner and subject to such terms and conditions as may be specified by him.