A.V.Pandian v. The Deputy Commissioner And Others
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/2/2024 Shri A.V. Pandian ... Petitioner Vs.
The Deputy Commissioner and Ors.
... Respondents Mr. N.A. Khan ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Administration Mr. K.M.B. Jayapal ...for the Private Respondent With WPA/179/2019 Shri Selvi K. Nathan ... Petitioner Vs.
The Andaman & Nicobar Administration and Ors. ... Respondents Mr. K.M.B. Jayapal ...for the Petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ...for the Respondent nos.1-3 Mr. N.A. Khan ...for the Respondent no.4 February 05, 2024 (M.A.Mobin) Item Nos.1 & 2 In WPA 2/2024, the petitioner has prayed for a direction upon the Tehsildar, Port Blair Tehsil to dispose of an application praying for setting aside the order of the
Tehsildar dated 23.4.2019 in R.C. No.1059/2019/TPB, which, according to the petitioner was passed ex parte. It is alleged that such application is pending since September, 2023. The said application has been captioned as one under Order 9 Rule 13 of the Code of Civil Procedure read with Regulation 18 of the LR and LRR, 1966.
WPA 179 of 2019 has been filed by the Respondent in WPA 2 of 2024 praying for execution of the order dated 23rd April, 2019 passed by the Tehsildar, Port Blair Tehsil in R.C. No.1059/2019/TPB.
Since the petitioner in WPA 2 of 2024 has prayed for recalling of the order dated 23rd April, 2019 passed by the Tehsildar and the petitioner in the other writ petition has prayed for implementation of the self same order, this Court is of the considered view that interest of justice will be sub served if a direction is passed upon the concerned Tehsildar to dispose of the application for setting aside the ex parte decree dated 23rd April, 2019 filed by the petitioner in WPA 2 of 2024 on 8th September, 2023 within a specified time frame and after disposal of such application, the Tehsildar should be directed to consider the prayer for execution of the order dated 23rd April, 2019 depending upon the fate of the application filed by the petitioner in WPA 2 of 2024. The Tehsildar, Port Blair Tehsil being the second respondent in WPA 2 of 2024 is directed to consider the application for setting aside the order dated 23rd April, 2019 passed in R.C. No.1059/2019/TPB and to dispose of
the same by passing a reasoned order after giving an opportunity of hearing to the respective parties and by passing a reasoned order without grating unnecessary adjournments to the parties.
It is made clear that this Court has not gone into the merits of the claims and counter claims of the respective parties and the parties will be at liberty to agitate all points before the concerned Tehsildar at the time of hearing. The entire exercise by the concerned Tehsildar including communication of the order to the respective parties shall be completed as expeditiously as possible but positively within a period of four weeks from the date of receipt of a server copy of this order.
Depending upon the fate of the application filed by the petitioner in WPA 2 of 2024, the concerned Tehsildar shall consider the prayer of the petitioner in WPA 179 of 2019 for execution and implementation of the order dated 23rd April, 2019 in R.C. No.1059/2019/TPB and dispose of the same in accordance with law by passing a reasoned order as expeditiously as possible but positively within a period of four weeks from the time limit fixed hereinbefore. It is also made clear that the issue with regard to the execution and implementation of the order dated 23rd April, 2019 shall be considered by the Tehsildar in accordance with law.
With the aforesaid observations and directions WPA 179 of 2019 and WPA 2 of 2024 are disposed of.
Since no affidavits have been called for in WPA 2 of 2024 allegations contained in the said Writ Petition shall not be deemed to have been admitted by the respondents. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.
(Hiranmay Bhattacharyya, J.)