Shri V.Govardhanan v. Shri Udit Prakash Rai, Deputy Commissioner And ANR.

21.01.2026 Item No.1 Court No.37 CHC High Court at Calcutta In The Circuit Bench at Port Blair Appellate Side (Via Video Conference) From Principal Bench CRC/1/2025 (IN MA/8/2017) (CPAN/35/2017) Shri V. Govardhanan Vs.

Shri Udit Prakash Rai, The Deputy Commissioner, South Andaman District, Port Blair & Ors.

Mr. N. A. Khan, Advocate (VC) Ms. Shaheen Razeen, Advocate (VC) ...for the petitioner Mr. VD Siva Balan, Advocate (VC) ...for the alleged contemnors

1. Petitioner complains of violation of order dated June 29, 2017 passed by the coordinate Bench.

2. Operative portion of such order dated June 29, 2017 is as follows:- "This Court, therefore, directs the Tehsildar to remain personally present with the responsible officers along with the relevant records required for the purpose of measurement and shall complete such exercise by fixing the date and time and communicating the same to the petitioner as well as all other interested persons and also affording an opportunity of hearing to them if there be any made at the spot.

The entire exercise shall be completed within eight weeks from date. The time indicated hereinabove is mandatory and peremptory.

After completion of the demarcation process the Tehsildar shall forward the report to the Deputy Commissioner within a week therefrom.

The Deputy Commissioner is directed to proceed on the basis of an application made to him on 5th June, 2014 and shall dispose of the said proceedings within four weeks therefrom after affording opportunity of hearing to all concerned who are either interested in the subject dispute or would be affected by the any decision to be taken thereon.

The appeal is, thus, disposed of. No costs."

3. Affidavit and supplementary affidavit of compliance demonstrate that, the Assistant Commissioner conducted survey of land bearing survey No.237 and the adjoining survey numbers. Finding of such survey is recorded in the writing dated November 28, 2025. The writing dated November 28, 2025 of the Assistant Commissioner also states that, a corrected map was prepared.

4. We find from the records that, there was substantial compliance of the order dated June 29, 2017.

5. In such circumstances, we are not minded to exercise jurisdiction under Article 215 of the Constitution of India or the Contempt of Courts Act, 1971.

6. CRC/1/2025 is disposed of without any order as to costs and Rule stands discharged.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)