Shri. V.Moidu v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** WPA/9/2025 Shri. V. Moidu Vs The Tehsildar Mr. Alisham Venkatesh ... for the petitioner Mr. V.D.Sivabalan Mr. Arun S Kumar ... for the respondent January 13, 2025 [AKB] Item Nos.6 The present writ application has been preferred by the writ petitioner as his three prayers made before the Tehsildar, Ferrargunj Tehsil, Ferrargunj, South Andaman District dated 13.09.2017, 22.03.2018 and 19.07.2023 praying for mutation of the land bearing survey no. 165/15 measuring an area of 500 sq. mtrs. situated at Tapu Basti, Bambooflat village under Ferrargunj Tehsil. Being unable to obtain the relief sought for and as no information has been provided to the petitioner in respect of his three applications the petitioner has approached this Hon'ble Court seeking a direction.

Mr. Alisham Venkatesh, the learned counsel representing the petitioner submits that a direction be given to the Tehsildar, Ferrargunj Tehsil, South Andaman District to dispose of the applications seeking mutation of a land measuring 500 Sq. mtrs. in respect of survey no. 165/15 situated at Tapu Basti, Bambooflat village, under Ferrgunj Tehsil in favour of the petitioner.

The learned counsel further submits that in spite of the application being made long ago on 13.09.2017 and further on 22.03.2018 and ultimately on 19.07.2013 the Tehsildar has neither called the petitioner for hearing and to produce any document nor replied in respect of the applications. Having unable to obtain any kind of response from the Tehsildar the petitioner has been compelled to approach this Court seeking a directing upon the said Tehsildar in this regard. Mr. V.D.Sivabalan, the learned counsel representing the Tehsildar, Ferrargunj Tehsil submits that a reasonable time be granted so that the Tehsildar may dispose of the application as sought for by the petitioner.

From the contentions of the learned counsel representing the writ petitioner it transpires that the petitioner has sought for mutation in his favour in respect of the property in question measuring an area of 500 Sq.mtrs. bearing the survey No. 165/15 situated at Tapu Basti, Bambooflat village under Ferrargunj Tehsil.

This Court thus directs the Tehsildar to treat the writ petition as a representation and dispose of the same in accordance with law upon granting an opportunity of hearing to the petitioner including the opportunity to file written version/ objection if any. The entire exercise should be completed within a period of six weeks from the date of communication of this order and a reasoned order be passed and be communicated to the petitioner.

The writ petition is disposed of.

(Supratim Bhattacharya, J.)