M.D. Kasid Ali v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR ] ** WPA/73/2021 M.D.Kasid Ali

...Petitioner

Vs.

Andaman & Nicobar Administration and others ... Respondents Mr. Gopala Binnu Kumar, Advocate ... for the petitioner Mr. K.Rao, Advocate Mr. A.K.Mandal, Advocate ... for the respondents September 10, 2021 [SR] Item No.4 The writ petitioner's case is that he has purchased a shop room No. 22 in old Panchayat Market, Rangat way back in the year 2008. Subsequently the said shop was transferred in favour of the petitioner for which on 04.12.2009 the petitioner paid an amount of Rs. 15000/- being the transfer fee. After that the petitioner was inducted as tenant subsequently from time to time the rent was enhanced by the respondent no. 4. On December 1, 2016 the respondent No.4 informed the petitioner to vacate the premises without any liability to pay rent from January, 2017 till the completion of the construction of new shop rooms. On 04.08.

2018, the respondent No.4 informed the petitioner that once the construction is complete, the shop will be allotted to the petitioner. After the petitioner vacated the said shop, building was demolished and new building was raised, even after the completion of the new building the said shop room in the ground floor was not reallotted to the petitioner despite several representation made by him. Hence the writ petitioner seeking issuance of direction upon the respondent No. 2 to re-induct the petitioner in the shop room No. 22 on the ground floor of the newly constructed building in the old Panchayat Market, Rangat in terms of letter dated 04.08.2018.

The Pradhan had earlier written to the shop owners No. 03, 20, 21 and 22 on 01.12.2016 intimating about the dismantling of shop and exemption of shop rent with effect from January, 2017 till the completion of phase 1 construction of work of old Panchayat Market, Rangat and the shop rent will be exempted till the work is not complete.

Mr. Gopala Binnu Kumar, learned counsel for the petitioner adverts to the communication of the Pradhan, Gram Panchayat dated 04.08.2018 addressed to the petitioner and to submit that the respondent no.4 despite assurance given to the petitioner to re-allot the petitioner's said shop room once that block is constructed but has failed and neglected to reallot the same. Annexure P3 collectively reflects that the petitioner has been depositing the monthly rent fixed as per the order No. 22 dated 15.12.2011, As per annexure P2 he had deposited a sum of Rs. 15000/- being the advance for the transfer of tenancy in respect of panchayat shop room in favour the petitioner. Mr. Krishna Rao, learned counsel for the respondent Nos. 2, 3 and 5 submits that the respondent no. 2 is now the authority being the head of the department in the matter of handing over the shop room to the petitioner as the Gram Panchayat has not been constituted.

In view of such submission of Mr. Krishna Rao, let there be a direction upon the respondent no. 2 to hand over the shop room No. 22 in the ground floor of the newly constructed building of the old Panchayat Market, Rangat in terms of the letter dated 04.08.2018 in favour of the petitioner within four weeks from the date of communication of this order.

Accordingly, the writ petition being WPA/73/2021 is disposed of, however, without any order as to costs.

All the parties are directed to act on the basis of the website copy of the order.

( Shivakant Prasad, J. )