Smt. Shona Lavalai Roy v. The Chief Secretary And ORS.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] PRESENT: THE HON'BLE JUSTICE ANIRUDDHA ROY AND THE HON'BLE JUSTICE BIBHAS RANJAN DE MA/2/2025 SMT SHONA LAVALAI ROY ... APPELLANT VS.

THE CHIEF SECRETARY AND OTHERS ... RESPONDENTS For the appellant : Mr. KMB Jayapal For the respondents : Ms. Babita Das Reserved on : February 18, 2025 February 26, 2025 Judgment on : February 28, 2025 ANIRUDDHA ROY, J.

At the outset, reference may be drawn to the order dated February 25, 2025 passed in the instant appeal. Initially the instant appeal was substantially heard along with MA/1/2025 (Shri Nikhil Halder vs. The Chief Secretary and others) and the parties through their respective learned counsel have agreed for disposal of the instant appeal in an analogous hearing with the said MA/1/2025 but subsequently the instant appeal was segregated/detagged under the said order dated February 25, 2025 and has been heard separately.

In RE : MA/2/2025 1.

This is an intra-court mandamus appeal from the impugned judgment and order dated December 11, 2024 passed by the Hon'ble Single Bench in WPA/409/2024.

2.

The facts in the instant appeal are absolutely identical with the facts in MA/1/2025. The legal issues involved in the instant appeal are also absolutely identical with that of MA/1/2025. The only difference is the description of lands. In the instant case, the landsin-question are Survey No. 109/P and Survey No. 132/P measuring about 1.000 hectares under village Govindapur village, Tehsil:- Mayabunder, North and Middle Andaman. 3.

The order impugned in the writ petition in connection whereof the instant appeal arose was passed by the respondent No. 3 dated February 26, 2024, Annexure P-6 at Page 62 to the paper book. The order of the Coordinate Bench dated April 27, 2023, at Page 62 to the paper book passed in WPA/199/2021 by which the representation of the petitioners dated October 28, 2020, Annexure P-4 at Page 51 to the paper book was directed to be disposed of and impugned order dated February 26, 2024 was passed. 4.

The finding of the Deputy Commissioner, Andaman insofar as the lands-in-question are involved in the instant appeal was also the same order passed by him dated February 3, 1999, Annexure P-3 at page 40 to the paper book. The finding on the subject land is

available at page 46 to the paper book in the case of Shri Dinabhandu Roy, since deceased, who was the father of the appellants/writ petitioners.

Observations with regard to regularization of lands of the appellants would appear from page 49 of the paper book. The report of the Tehsildar is also the same report which was there in MA/1/2025 dated August 21, 2023, Annexure R-4 at Page 92 to the paper book.

5.

The prayer from the connected writ petition in the instant appeal WPA/409/2024 are also same/similar as that of the connected writ petition in MA/1/2025 and are quoted below:- i) A writ and/or Writ in the nature of Mandamus Quashing and/or cancelling and/or setting aside and/or annulling the Impugned order No. 610 dated 19th of March, 2024 Vide F.A. No. 4-84(Vol-VI)DC(N&MA)/2023 passed by the Deputy Commissioner, District of North and Middle Andaman.

ii) A Writ and/or Writs do issue in the nature of Mandamus Commanding the Respondent Authorities more particularly respondent no. 2 and 3 to take effective and necessary steps immediately to issue license in respect of subject land in Survey No. 109/2 and 132/P Measuring area 1.000 Hectares under village Govindapur, Under Mayabunder Tehsil, North and Middle Andaman;

iii) Interim order restraining the respondents authorities from taking any steps whatsoever to evict and dispossess the writ petitioner from subject land in Survey No. 109/2 and 132/P Measuring area 1.000 Hectares under village Govindapur, Under Mayabunder Tehsil, North and Middle Andaman till disposal of writ petition.

(iv) Writ of Certiorari be issued Commanding the Respondent Authorities and each one of them to present the records in the present proceeding for giving conscionable Justice to the present petition; (v) Cost the present application;

(vi) To pass Such Other or further order or Orders, direction or Direction do issue as this Hon'ble Court may deem fit and proper."

6.

It is noted that the date of the order impugned in the writ petition as mentioned in prayer (i) is wrong and the same should be read as February 26, 2024. The description of land in prayer (ii) is also wrong and the same should be read as Survey No. 109/P as would be evident from order impugned in the writ petition. 7.

Save as above, all other facts and issues in the instant appeal are identical with that of MA/1/2025.

8.

Since a detail judgment has already been delivered by us dated February 28, 2025 in MA/1/2025, we do not find any reason to reiterate the same observations and reasons from our said judgment dated February 28, 2025 delivered in MA/1/2025. The said judgment dated February 28, 2025 passed in MA/1/2025 shall govern the instant appeal.

9.

Accordingly, the order impugned in the instant appeal dated December 11, 2024 stands set aside.

10.

Consequently, the order impugned in the writ petition passed by the respondent No. 3 dated February 26, 2024 stands set aside and quashed insofar as Survey No. 109/P and Survey No. 132/P are concerned. The report of the Tehsildar dated August 21, 2023 also stands set aside and quashed insofar as Survey No. 109/P and Survey No. 132/P are concerned.

11.

The appellant shall serve copy of the order of the Deputy Commissioner, Andamans dated February 3, 1999 along with this judgment upon the Lieutenant Governor of the territory, being the Administrator of the Andaman and Nicobar Islands, who shall take a reason decision on the basis of the said order dated February 3, 1999 and communicate its reason decision to the respondent No. 3 for taking all necessary and consequential steps to give an immediate effect to the said reasoned decision.

12.

The entire exercise shall be carried out and completed by the Lieutenant Governor within a period of three months from the date of communication of this judgment and order.

13.

The respondent No. 3 depending upon the outcome of the reasoned order to be passed by the Lieutenant Governor shall take all necessary and consequential steps and complete the process positively with a period of further three months from the date of receiving the said reasoned decision from the office of the Lieutenant Governor.

14.

The reasoned decision shall be communicated to the appellant by the office of the Lieutenant Governor within two weeks from the date of the said reasoned decision to be passed. The respondent No. 3 shall also take steps after receiving the reasoned order from the office of the Lieutenant Governor upon notice to the appellant.

15.

With the above observations and directions, the instant appeal being MA/2/2025 stands allowed, without any order as to costs. 16.

The writ petition WPA/409/2024 also stands allowed on the above terms.

( Aniruddha Roy, J. ) I agree ( Bibhas Ranjan De, J.)