KESHAB CHANDRA SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The power and authority of the Deputy Commissioner in according sale permission is in challenge in this petition. The petitioner being aggrieved by the under valuation of his land by the Annexures 1 to 5, has approached this Court for a writ of Mandamus directing the Deputy Commissioner not to insist upon or grant any land transfer/sale permission except in accordance with the Land Policy of 1989 and the Urban Land (Ceiling and Regulation) Act, 1976.

(2.) The petitioner with a view to dispose of his land within the Guwahati Municipal Corporation area applied to the Deputy Commissioner, Kamrup for permission for sale of land on different occasions, and the Deputy Commissioner issued the permission sought on 28.11.1995 and 16.9.1997. The Deputy Commissioner valued the different plots of land in between Rs.30,000 to Rs.40,000 per katha. It is pleaded that the permission for sale of land was also obtained by the petitioner on 20.3.1989 and no valuation was indicated therein enabling the petitioner to sell the said land on a consideration of Rs.36,76,154. Dissatisfied with the valuation reflected in the permission for sale on the lower side, this petition has been initiated praying for the reliefs already captioned above.

(3.) I have heard Mr. PC Borpujari, learned counsel for the petitioner and Mr. KC Mahanta, learned State counsel.