Smti. Shaida Begum v. The Deputy Commissioner And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/5/2025 Smti. Shaida Begum Vs The Deputy Commissioner and others Mr. Sudipta Halder ... for the petitioner Ms. Babita Das ... for the respondents January 16, 2025 [SR] Item no. 5 1.

The limited grievance of the petitioner, alleging encroachment of his lands by the private respondent is that in order to resolve the issue, application was made before the Tehsildar-respondent no.2, for demarcation of the petitioner's lands.

2.

It is the case of the petitioner that his lands bearing survey No.90/1 are required to be demarcated by the respondent no.2. Since the demarcation has been sought alleging certain encroachment by adjoining land holders, The demarcation is required to be done under due intimation to the adjoining land holders and other concerned.

3.

Since the issue is pending before the Tehsildarrespondent no.2, pendency of the writ proceedings would serve no useful purpose.

4.

The writ petition is thus disposed of with a direction to the respondent no.2 to proceed with the petitioner's application for demarcation under due notice and intimation to the affected parties concerned, expeditiously and without any undue delay preferably within a period of six weeks from date.

5.

The writ petition is disposed of.

( Madhuresh Prasad, J. )