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DEVASHIS BARUAH
Anjan Chakraborty S/o Late Upendra Kumar Chakraborty – Appellant
Versus
Silchar Municipal Board – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Ms. P. Chakraborty, the learned Counsel appearing on behalf of the petitioner. Mr. S. Dutta, the learned Senior Counsel appears on behalf of the respondent No. 1, Mr. S. Baruah, the learned Govt. Advocate appears on behalf of respondent No. 2 and 3 Mr. S.D. Purkayastha appears on behalf of respondent No. 4.
2. The petitioner herein is aggrieved by the action on the part of the respondent No. 1 by issuance of a communication dated 02.02.2022, whereby the Senior Sub-Registrar, Silchar was directed to keep in abeyance the land sale permission No. MP/LS/NOC/02/ 2021-22/8163 dated 26.10.2021, on the ground that there is a complaint pending before the said authority.
3. Ms. P. Chakraborty, the learned counsel appearing on behalf of the petitioner submitted that pursuant thereto the Additional Deputy Commissioner, Cachar has also written a letter to the Senior Sub-Registrar on 03.02.2022, that in view of the pendency of the Civil Suit being Title suit No. 157/2019, the NOC issued from the office be kept in abeyance until further orders.
4. Ms. P. Chakraborty, the learned counsel appearing on behalf of the petitioner submitted that though the suit was fil
The court ruled that actions by authorities to withhold land sale permissions during pending suits must respect judicial outcomes, reaffirming the principle that transfers are subject to suit results....
The Sub-Registrar cannot refuse to register a deed solely based on the pendency of a civil suit, as established by legal precedents, affirming property rights subject to litigation outcomes.
The absence of an interim order in a civil suit does not preclude the registration of a Sale Deed.
Pendency of a suit does not bar land transfer; rejection of NOC based on erroneous claims violates constitutional ownership rights.
A suit for permanent injunction requires valid title; without adherence to statutory requirements for land transactions, such claims are unsustainable.
Sub-Registrar cannot refuse registration based on dismissed civil suits without restraint order.
Section 52 of the Transfer of Property Act, 1882 that reads as During the pendency in any court having authority within the limits of India excluding the State of Jammu and Kashmir or established bey....
The Sub-Registrar must independently decide on the registrability of a deed without needing clarification from the District Registrar, as their investigation into title is not permissible under law.
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