Arun Biswas@ Arub Kumar Biswas v. The Lt.Governor

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/31/2024 Arun Biswas @ Arub Kumar Vs.

The Lieutenant Governor and others Mr. K.Vijay Kumar .... for the petitioner Mr. V.D.Sivabalan ... for the respondents January 16, 2024 [SR] Item No.21 The petitioner submits that, although he was given a licence to occupy land in a de-reserved block, and such licence was issued by the Sub Divisional Officer, Middle and North Andaman, Mayabunder, the revenue records were not corrected, by incorporating the name of the petitioner in the Holding Register.

According to the petitioner, such licence was given after the petitioner had vacated the encroached area from a reserved forest block.

Learned advocate for the respondents submits that the contention of the petitioner was not correct. The petitioner had neither moved away from the encroached area nor vacated the forest block. The question of correcting the records, as prayed for by the petitioner would not arise. The land had not been physically handed over to the petitioner. It appears from the records that the licence was given to the petitioner. Prior to the said licence, a notice was also given to the petitioner to vacate the encroached area and to shift to a de-reserved block. The licence was granted to the

petitioner in respect of the survey/plot no. 405 measuring area 1.00 hectare situated at Paschimsagar village at Diglipur Tehsil. The petitioner denies the allegation of not having vacated the forest area.

Under such circumstances, this Court is of the view that the authorities should decide the matter and communicate a decision to the petitioner.

The Deputy Commissioner, North and Middle Andaman District, Mayabunder, shall treat the writ petition as a representation of the writ petitioner and dispose of the same in accordance with law, upon hearing the petitioner as also the Sub Divisional Officer, Middle and North Adnaman and the Divisional Forest Officer, North and Middle Andaman, Diglipur. A reasoned order shall be passed and communicated to the petitioner.

The entire exercise shall be completed within a period of six months from the date of communication of this order. This court has not gone into the merits of the issue involved. As directed, the authorities should decide the matter. None of the allegations are deemed to be accepted. The writ application is accordingly disposed of. No order as to cost.

( Shampa Sarkar, J. )