Calcutta High CourtWPA/19/2022dismissed as non prosecution

Hamida Bibi v. The Deputy Commissioner And Others

2022-02-22Hon'Ble Justice Suvra Ghosh3 pages

22.02.2022 rc/ct.no.10 Item No.PB-01 WPA No. 19 of 2022 Smt. Hamida Bibi Vs.

The Deputy Commissioner, Port Blair & Ors.

(Circuit Bench at Port Blair) Mr. Gopala Binnu Kumar ...for the petitioner Mr. Shatadru Chakraborty Mr. Ramendu Agarwal Mr. V. Upadhyay ..for the respondents no.1-3 Mr. Arul Prasnath ..for the respondents no.4-5 The order impugned passed by the Teshildar, Port Blair, the 3rd respondent herein, dated December 22, 2021 is under challenge in this writ petition. The respondents challenge the maintainability of the writ petition on the ground that the order impugned is appealable and the writ petitioner has his remedy before the appellate forum under Rule 28(1)(a) of The Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1996 (hereinafter referred to as the "said Regulation").

Per contra, learned counsel appearing on behalf of the petitioner submits that the order impugned was passed in contradiction to the earlier order passed by the said authority on November 18, 2021 and as such, there has been violation of principle of natural justice. This Court does not agree with the contention of the learned counsel appearing on behalf of the petitioner. Rule 28(1)(a) of the said Regulation clearly states that an order

passed by any Revenue Officer subordinate to the SubDivisional Officer is appealable before the Sub-Divisional Officer.

Learned counsel appearing on behalf of the petitioner intends to withdraw the writ petition and seeks liberty to approach the appellate forum for redressal. He also submits that the petitioner shall take out a stay application alongwith the appeal before the appellate forum within a couple of days from date and the appellate forum be directed to consider the said application at the earliest.

In view of the above, the writ petition being WPA No. 19 of 2022 is dismissed for non-prosecution.

However, liberty is granted to the petitioner to approach the appellate forum for redressal her grievances. The stay application filed by the petitioner before the appellate forum shall be considered by the appellate forum within a week from the receipt thereof after giving reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law. With the above observations and directions this writ petition being WPA No. 19 of 2022 is dismissed for nonprosecution. There shall be, however, no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.

Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)