Dulal Paul v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/14/2024 Dulal Paul Vs.

The Andaman and Nicobar Administration and others Mr. KMB Jayapal ... for the petitioner Mr. V.D.Sivabalan ... for the respondents February 5, 2024 [SR] Item No.18 The petitioner prays for a restraint on the respondent authorities not to evict the petitioner from the land without due process of law. Although the writ petition does not disclose any documents articulating such process or otherwise. Learned counsel for the petitioner submits that the Tehsildar, Diglipur is bent on evicting the petitioner without giving any opportunity to the petitioner to prove his right to remain on the land in question.

Learned counsel appearing for the respondents submits that the land in question belongs to the Government revenue department and the petitioner has illegally encroached on the said land. It, however, appears from record that the petitioner has made a representation to the Assistant Commissioner, Diglipur on 14th November, 2023 praying for intervention of the Assistant Commissioner with regard to the Government revenue land which the petitioner has occupied for more than thirty five years.

Admittedly the Assistant Commissioner/respondent no.3 has not responded to the representation.

Considering the balancing of equities, this Court is of the view that the respondent no.3 should first respond to the representation before any action of eviction is taken against the petitioner.

WPA/14/2024 is accordingly disposed of with a direction on the respondent no.3 to consider and dispose of the representation of the petitioner within eight weeks from today.

The respondent authorities shall not take any action against the petitioner in the form of eviction or any other penal measures till three weeks from the date the reasoned order is communicated to the petitioner. The respondent no.3 shall give an opportunity of hearing to the petitioner before arriving at the reasoned decision.

Parties to act on a server copy of this order duly downloaded from the official website of the Hon'ble High Court at Calcutta.

( Moushumi Bhattacharya, J. )