Smt. Archana Singh v. Mr. Abhishek Dev
CB 01 08.12.2022 d.p.
Calcutta High Court In the Circuit Bench at Port Blair Appellate Jurisdiction (From the Principal Bench) CPAN 024 of 2019 in W.P.A No. 84 of 2019 Smt. Archana Singh & Ors.
versus Mr. Abhishek Dev Ms. Anjili Nag, Ms. Sipra Mandal.
...For the Petitioners.
Mr. Shatadru Chakraborty.
...For the Contemnor.
Heard the submissions made on behalf of both the parties.
The Court directed the Deputy Commissioner, South Andaman District to take steps for regularization of the excess land in possession of the petitioner description whereof was appearing in the letter impugned in the writ petition, within a stipulated time period.
The Court set aside the direction for taking approval from the competent authority as mentioned in the impugned letter.
The Deputy Commissioner, South Andaman District passed order on 17th August, 2022 upon consideration of the prayer of the petitioners for regularization of the excess
land. The said authority was of the opinion that the same cannot be allowed for the reasons mentioned in the order dated 17th August, 2022.
The petitioners are aggrieved by the same.
It has been submitted that on the earlier occasion, the Court considered the matter and passed direction for regularization of the excess land. Fresh ground ought not to be taken for rejecting the prayer of the petitioners. Learned advocate appearing for the alleged contemnor opposes the prayer of the petitioners. It has been submitted that the Court in the earlier writ petition never had the occasion to adjudicate the issue as to whether the petitioners were entitled for regularization of the excess land or not. The Court only restricted the decision with regard to taking approval from the competent authority.
In the present case, the approval of the competent authority has not been sought for but the matter has been decided on merits by the Deputy Commissioner, South Andaman District in compliance of the direction passed by the Court.
The Deputy Commissioner, South Andaman District has passed reasoned order and the legality of the said order ought not to be adjudicated in the present contempt proceeding.
Having heard the submissions made on behalf of the parties, it appears that the Deputy Commissioner, South Andaman District has passed a reasoned order, though at a
delayed point of time, and has rejected the prayer of the petitioners.
The legality of the order has to be decided on merits. The same is an absolute fresh cause of action which cannot be adjudicated in the contempt proceeding.
In view of the above, there is no requirement of proceeding with the contempt application any further. The same stands disposed of.
The petitioners will be at liberty to challenge the legality of the order dated 17th August, 2022 passed by the Deputy Commissioner, South Andaman District rejecting their prayer for regularization of excess land. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J )