Calcutta High CourtWPA/6/2026disposed

Shri.Gobinda Biswas v. The Deputy Commissioner And ANR

2026-01-09Hon'Ble Justice Arindam Mukherjee2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/6/2026 Shri Gobinda Biswas Vs.

The Deputy Commissioner and another Mr. Pardeshia Munda ... for the petitioner Ms. Babita Das ... for the respondents January 9, 2026 [SR] Item No.3 The petitioner is the plaintiff in a partition suit being Other Suit No.17 of 2015 which was filed before the Civil Judge, (Senior Division), North and Middle Andaman.

In the said suit, a preliminary decree was passed on 28th December, 2018 declaring the shares of the parties to the suit which was followed by a report filed by the Commissioner of partition. The report was accepted and a final decre in terms of such report has also been passed.

The petitioner had made an application before the Deputy Commissioner, North and Middle Andaman (Respondent no.1) for sub-division of the property in accordance with the final decree passed in the partition suit.

It is the case of the petitioner that, despite lapse of a considerable period of time, the respondent no.1 has not decided the matter though he is mandated to dispose of the said application within 90 days from the date of receipt of the same under the provisions of the Citizen Charter issued by the office of the Deputy Commissioner. The petitioner says that after a final decree has been passed which remains unchallenged till date, there is no embargo on the Deputy

Commissioner (respondent no.1) in carrying out the subdivision, as prayed for. In the aforesaid facts and circumstances, the respondent no.1 is directed to dispose of the petitioner's application for sub-division of the land as expeditiously as possible but not beyond 28th February, 2026. The respondent no.1 shall, after considering the application, if necessary, give the petitioner a personal hearing and allowing him to produce the documents apart from those already submitted for effectively deciding the issue. The respondent no.1 shall pass a reasoned order and answer all the issues that may fall consideration and communicate the order immediately to the petitioner on the same having been passed.

It is made clear that this Bench has not gone into the merits of the case and the respondent no.1 shall decide the issue independently without being influenced in any manner by any observations made in this order.

WPA/6/2026 stands disposed of.

( Arindam Mukherjee, J. )