SMT. MAGNI DEVI JAIN Vs. DEPUTY COMMISSIONER, KAMRUP & OTHERS

JUDGEMENT

(1.) This application under Art. 226 read with Art. 227 of the Constitution of India for issue of a writ in the nature of certiorari and/or any other writ, is directed, against the order passed by the learned Deputy Commissioner, Kamrup, vide order dated 12.3.80, cancelling the registration of three sale deeds in favour of the petitioner. The petitioner has also challenged the order of the competent authority, respondent No. 1, passed on 16.4.81 rejecting the petition filed by the petitioner for revision of the order passed by him on 12.3.80.

(2.) A brief narration of the facts leading to the present petition is that the petitioner contracted to purchase three plots of land with building described in the petition within the Urban Agglomeration of Gauhati which is within the purview of the Urban land (Ceiling and Regulation) Act, 1976, (hereinafter called 'the Act'). In case of sale or transfer or mortgage of any land with building within the agglomeration to be effected, by virtue of the provision of Sec. 27 of the Act, permission on the competent authority has to be taken. In view of the aforesaid provision, the respondents No. 3, 4 and 5, the vendors applied for necessary permission on 5-9-78 to respondent No. 1 but the respondents did not hear anything about it from the competent authority either according permission or rejecting the same. Meanwhile the respondent No. 4, one of the vendors wrote to the competent authority again on 3-4-79 for doing the needful for registration of the sale deeds. On this application of respondent No. 4. the Sub-Divisional officer (Sadar) on behalf of respondent No. 1 made a detailed note and sent it to the Sub-Registrar for registration of the three tale deeds and they were registered accordingly on 12-9-79.

(3.) It is to be noted that in view of the provision of sub-section (4) of section 27 of the Act, if the petitioner does not hear within 60 (sixty) days from the competent authority either of according permission or of rejecting the same, then by operation of law, it will be deemed that the permission is granted.