A.R.Ganapathi v. The Lieutenant Governor And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] *** WPA No. 004 of 2021 A.R. Ganapathi ... Petitioner Vs.
The Lieutenant Governor and others ... Respondents Mr. Ananda Halder, Advocate ... for the petitioner Mr. Ajay Kumar Mandal, Advocate ...for the respondents September 8, 2021 [SR] Item No. 03 The brief facts leading to the writ petition are that in the year 1972, the petitioner is stated to have encroached a piece of government revenue land for his survival measuring an area of 1.00 hectors out of land bearing survey no. 8/P situated at Sippighat village under Port Blair Tehsil, South Andaman District and developed the land by raising arecanut, coconut plantation. The Andaman & Nicobar Administration promulgated a scheme in the year 1987 for regularization of the land who encroached the land prior to 31st December, 1978.
In pursuant thereof the petitioner had applied for regularization for the encroached land and on verification of the record and field inspection, the Administration recommended the case of the petitioner for regularization and accordingly a license to occupy the agricultural land was issued to the petitioner on 12th December, 1989 but no notice was given directing the petitioner to deposit the arrears of land revenue and since the arrears of land revenue was not deposited by the petitioner, the record of the land has not been finalized, no record of the right and sketch map of the land was issued to the petitioner.
Subsequently the Administration issued an order No. 997 dated 11.08.2011 directing the concerned tehsildar to initiate proceeding for acceptance of arrears of land revenue and finalization of record, but no steps has been taken by the concerned Tehsildar. It is pointed by the petitioner that a similarly situated person moved
a writ petition before this Hon'ble Court, wherein the Hon'ble Court directed the Administration to accept the land revenue along with late fee and in compliance thereof the Administration collected the land revenue alongwith 10% of interest and record has been finalized.
The petitioner made representation to the respondent authorities with a request for acceptance of land revenue with interest and finalize the land record of land bearing survey no. 8/P measuring an area of 1.00 hectors situated at Sippighat village under Port Blair Tehsil in view of the order No. 997 dated 11.08.2011 issued by the Assistant Commissioner (Settlement) as well as the order dated 18.02.2014 passed by the Hon'ble High Court at Calcutta, Circuit Bench at Port Blair in WP No. 037 of 2014. At the outset the learned counsel for the petitioner invites my attention to the order passed in the said writ petition on February 18, 2014 whereby a coordinate bench of this Hon'ble Court was pleased to give liberty to the petitioner of WP No.
037 of 2014 to apply before the appropriate authority for acceptance of the premium of land revenue of the land for which the license was issued to the petitioner with late fee, in the prescribed format within two weeks from the date. On such direction, the respondent authorities have passed an order on 01.09.2014 in the matter arising out of WP No. 037 of 2014 (Shri Prem Gopal Das vs the Deputy Commissioner and others.
It is urged that the authorities had directed for finalization of the record by getting the boundaries of the entitle parcel of the land certified by the competent authority with a further direction to transmit a copy to the concerned tehsil and arrears of land revenue was directed to be collected @ 10% as penalty as ordered by the Division Bench of this Hon'ble Court in seral writ petitions including MAT No. 24 of 2007.
Learned counsel for the petitioner now brings to my attention to the annexure P 3 being license to occupy agricultural land reflecting that the A.R Ganapathi son of late Arumugam was given license in respect of survey no./ plot no. 8/P measuring 1.00 hectares situated at Sippighat village Tehsil Ferrargunj for cultivation of agricultural crops subject to the general provisions under clause (ii) of Section 146 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 and the licensee was directed to pay land revenue @ Rs. 4.94 on the date prescribed under section 115 (2) of the said regulation every year, the first year's land revenue being payable on January 1989 and submits
that the petitioner has a right to pay the land revenue by taking cue from the order passed by the authority/respondent pursuant to the direction made in WP No. 037 of 2014 and similar order has been sought for from the side of the respondent authorities in favour of the petitioner.
Now it is pointed out by Mr. A.K. Mandal, learned counsel appearing for the respondents that the petitioner was under hibernation for a considerable period of time despite the fact that he was given license in respect of subject land but he was never bothered to comply with the terms of license relating to payment of land revenue.
Having heard learned counsel for the parties and in consideration of the facts as discussed above and the cogent documents of the petitioner, the petitioner should not be deprived of his right to enjoy the subject land granted in his favour by virtue of the license.
Accordingly, the writ petition being WPA/4/2021 is disposed of with the direction upon the respondent authority more particularly the respondent no. 2 to consider the representation of the petitioner and pass an appropriate order directing him to pay land revenue and finalize the record of the land within a period of four weeks from the date of communication of this order and to serve a copy of the appropriate order within a week thereafter to the petitioner.
Since no affidavit-in-opposition has been used by the respondent authorities, the averments made in the writ petition are deemed to be denied and disputed on behalf of the respondent authorities.
Accordingly, the writ application being WPA No. 4 of 2021 is disposed of. There shall be, however, no order as to costs. (Shivakant Prasad, J.)