Shri Kshitish Chandra Karak v. The Andaman And Nicobar Administration And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/19/2025 Shri Kshitish Chandra Karak Vs The Andaman & Nicobar Administration and another Mr. KMB Jayapal ... for the petitioner Ms. Babita Das ... for the respondents February 24, 2025 [AKB] Item no. 17 1.

Respondent has already filed affidavit-in-opposition which is taken on record.

2.

The instant writ application under Article 226 of the Constitution of India has been filed with the following prayers:- i.

Leave may granted Under Rule 26 of Appellate side Rules in view of extreme urgency Involved in the writ petition. ii.

A Writ and/or Writs do issue in the Nature of Mandamus Quashing and/or Annulling and/or Cancelling and/or Rescinding and/or Setting aside the Impugned order passed Vide Impugned processing in R.C.

No.

12/TSVP/2025 dated 03.01.2025 passed by Tehsildar, Sri Vijaya Puram.

iii.

Interim order staying the operation and/or further operation of the Impugned Order vide R.C.

No.

12/TSVP/2025 dated 03.01.2025 till disposal of the writ petition.

iv.

Rule NISI in terms of Prayer (i), (ii) and (iii) abovementioned.

v.

Cost the present application;

vi.

To Pass Such Order or further order or Orders, direction or Direction do issue as this Hon'ble Court may deem fit and proper.

3.

The order impugned in this writ application runs as follows:- "RC.No.12/TSVP/2025 In the court of Tehsildar Sri Vijaya Puram

ORDER

(UNDER SECTION 104 OR A&N ISLANDS LR & LRR, 1966) WHEREAS, complaints received from Mrs. Urmila Adhikari W/o Shri Nishi Adhikari and C.GSaji Kumar (RTI Activist), regarding illegally occupying footpath and putting tiles on the said land by Mr. K C Karak, S/o D.N Karak, R/o South Point.

AND WHEREAS, it is reported by the Patwari Circle No. 07 that K.C Karak had illegally occupied the part of road to an extent of 40 sqm upon Sw.no 2484 in the shape of platform and recently, also extended to construct slab works which were immediately stopped in field.

AND WHEREAS, as per Section 38 of the Andaman & Nicobar Islands Land Revenue & Land Reforms Regulation 1966 all the land in this Union Territory is vested in the Government and no person shall be deemed to have acquired any property therein or any right to over the same by occupation, prescription or conveyance or in any other manner what so ever except by a conveyance executed by or under the authority of the Government; AND WHEREAS, the land unauthorizedly occupied by you covering an area 40 sq.m out of Sy.no 2484 recorded as Govt. Road, shall attract the provision of Section 104 of the Andaman & Nicobar Islands Land Revenue & Land Reforms Regulations, 1966; AND WHEREAS, as per the judgement passed by Hon'ble supreme Court of India in the matter of Civil Appeal No. 1132 of 2011 @ SLP (C) No. 3109 of 2011 (Shri. Jagpal singh & Os. -vsState of Punjab & ors.) all unauthorized occupation over Community land has to be evicted;

NOW THEREFORE, in exercise of the power conferred on me under section 104 of A&N Islands Land Revenue and Land Reforms Regulations, 1966, I hereby direct you to vacate the unauthorized occupation over the Govt. revenue land bearing Survey No. 2484 situated at South Point village under Sri Vijaya Puram Tehsil by 14/01/2023 failing which the same shall be removed by the revenue officials and the materials will confiscated on 15.01.2025; The Revenue Inspector Circle No. 03 with the direction to execute the order and submit compliance report. Given under my hand and seal of this court on the 03rd January, 2025.

Tehsildar, Sri Vijay Puram Tehsildar To Mr. K C Karak S/o D.N Karak R/o South point"

4.

Mr. Jayapal, learned counsel appearing on behalf of the writ petitioner has canvassed his argument particularly on the ground of violation of the natural justice by passing the order dated 03.01.2025 in connection with RC No. 12/TSVP/2025, by the Tehsildar, Port Blair without affording any opportunity of hearing to the petitioner and also without supplying the report of Patwari Circle No. 07 relying on which documents the impugned order in this writ application was passed.

5.

Mr. Jayapal has referred documents annexed at pages 15, 33 and 34 and contended that he purchases the subject land which was mutated in the name of the petitioner who also paid land revenue and ultimately obtain sanction plan for construction of building.

6.

Mr. Jayapal relying on two issues namely violation of natural justice and right of the petitioner over the subject property, has prayed for setting aside the order dated 03.01.2025 passed by the Tehsildar, Port Blair impugned in this writ application.

7.

Per contra, Ms. Babita Das, learned counsel appearing on behalf of the respondent-Administration has submitted that the order dated 03.01.2025 passed by the concerned Tehsildar after affording all opportunity of hearing. 8.

After scrutiny of the challenged order I find that the said order was passed against petitioner to this writ application namely Kshitish Chandra Karak who alleged to have illegally occupied according to the report of the Patwari Circle No. 7.

9.

After careful perusal of the order between the lines I find hardly any single sentence in support of notice upon Kshitish Chandra Karak, the petitioner to this writ application or giving opportunity of hearing to the said Kshitish Chandra Karak who was directed to vacate the subject land by a particular date i.e. 14.01.2025. 10.

In my humble opinion, Teshildar before passing the order directing vacation of a person, at least, ought to have served a notice upon the petitioner and also by providing an opportunity of hearing.

11.

In the aforesaid view of the matter, I am in full agreement with Mr. Jayapal that order was passed in violation of principle of natural justice which is sine qua non for an order directing vacation.

12.

As a sequel, the order dated 03.01.2025 stands set aside, with a direction upon the concerned Tehsildar to rehear the RC No. 12/TSVP/2025 in connection with complaint received from Mrs. Urmila Adhikari w/o Shri.

Nishi Adhikari and C.G Saji Kumar, after servicing notice upon the petitioner of this writ application namely Kshitish Chandra Karak and also after giving an opportunity of hearing to both the parties and passed reasoned order addressing all the submission advanced by the parties before him.

13.

With the aforesaid observation this writ petition stands disposed of with a further requested to concerned Tehsildar to dispose of the RC No. 12/TSVP/2025 preferably within twelve weeks from the date of communication of the order. 14.

Parties are directed to act on the website copy of this order duly downloaded from the official website of this Court. (Bibhas Ranjan De, J.)