OM PRAKASH RATHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) In view of the order passed today i.e., 19.11.2020 in IA(C) No.3817/2019, Office to make necessary corrections in the cause tile of this writ petition.

(2.) Heard Shri AK Purkayastha, learned counsel for the petitioners as well as Shri G Pegu, learned State Counsel, Assam. Also heard Shri BJ Talukdar, learned Standing Counsel, Revenue Department, Assam.

(3.) It is the case of the petitioners that a Deed of Agreement to Sale dtd. 23/1/2018 (for short Agreement) was entered into between the original petitioner (Om Prakash Rathi) and respondent no. 5-vendor in respect of a property described as Room No.2, 4th Floor in the Parmeshwari Building, Chatribari, Guwahati (for short Building). As per the Agreement, the consideration amount was fixed at Rs.7,74,000.00 and the said amount was paid in full by the original petitioner on 26/3/2018 and on the same date, the possession was handed over. Since then, the petitioners are in peaceful possession of the same. As a consequential action of the Agreement, the owner-respondent no. 5 had duly applied for Sale Permission in respect of the property mentioned above. However, it appears that the respondent no. 4 had lodged an Objection dtd. 30/7/2018 which, however, pertains to Room No. G-14 in the ground floor of the Building. Thereafter, though the matter was pursued by the petitioners, nothing was done by the authorities to grant the Sale Permission and get the sale registered.