Radhamony Kunjamma K.K v. The Andaman And Nicobar Administration And Others
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/33/2024 Smti. Radhamony Kunjamma K.K. ... Petitioner Vs.
The Andaman & Nicobar Administration and Ors. ... Respondents Ms. Tapan Kumar Das ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Administration January 17, 2024 (M.A.Mobin) Item No.23 Learned Advocate for the petitioner submits that they have preferred 2nd Revenue Appeal before the Secretary, Revenue in terms of the Regulation 28(2) of the A & N Islands Land Revenue and Land Reforms Regulation, 1966. According to the learned Advocate, before the provisions under the law could be exhausted the authorities started demolition and a part of the boundary wall was demolished. Mr. Kumar, learned Advocate for the Administration submits that the petitioner was enjoying an excess area illegally. However, when the statute provides a period of appeal the authorities must restrain themselves for allowing the citizens to exhaust their remedy available under the law.
Learned Advocate for the petitioner has submitted that the second revenue appeal has already been filed and
the same is pending before the Secretary (Revenue). Consequently, the authorities are restrained from taking any further action till the Secretary (Revenue) admits the appeal.
This Court has not entered into the merits of the issues which have been canvassed but has left it to the Secretary(Revenue) to decide on the merit of the case independently without being influenced by any observation. This interim order staying the hands of the authorities would be operative till 10th March, 2024. Thereafter, the parties would be at liberty to take steps in accordance with law.
With the aforesaid observation WPA/33/2024 is disposed of.
Pending application, if any, is consequently disposed of.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)