Sobhana Kumari v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/121/2020 Sobhana Kumari Vs.

The Lieutenant Governor and Others Mr. Gopala Binnu Kumar .... for the petitioner Mr. V. D. Sivabalan Mr. Arun S. Kumar ... for the respondents February 23, 2024 [AKB] Item No.2 Heard learned Advocates appearing for the parties. Petitioner has filed this writ petition being aggrieved by inaction on the part of the respondent revenue authority in considering her application for regularizing her encroachment by creating tenancy in her favour on the basis of a scheme dated 17th August, 1987 issued by the Andaman and Nicobar Administration being Annexure P-2 at page 29 of the writ petition, by making an application in this regard on 26th February, 1988.

There is a specific averment in paragraph 16 in the writ petition, by the petitioner, with supporting document being Annexure P-9 to the writ petition which is a survey report issued by the Patwari showing alleged encroached land in question in possession of the petitioner in the year, 1976. On the perusal of the aforesaid scheme dated 17th August, 1987, it appears that the administration has decided to grant tenancy to the encroaching occupants of the government lands, unauthorizedly taken prior to the 31st December, 1978 and admittedly from the administration's own record being Annexure P-9 to the writ petition it appears that land in question was admittedly unauthorizedly occupied by the petitioner in 1976 which is prior to 31st December, 1978.

The respondents in opposing the writ petition submits that the said scheme has been lapsed and was no more in force at the time of making the aforesaid application by the petitioner, but learned Advocate representing respondents administration failed to produce any piece of document in support of his such contention opposing the writ petition.

In paragraph 11 of the affidavit-in-opposition filed by the respondents dealing with the pleadings and averments by the petitioner in paragraph 16 of the writ petition in support of her contention of unauthorizedly occupying the land in question prior to 1978, the respondents have simply made a plain evasive denial without annexing any documents. Even in paragraph 6 of the affidavit-in-opposition, the respondents have admitted that under the scheme in question the respondent had agreed to regularize the encroachment upon the government land relating to the period prior to 31st December, 1978 by creation of tenancy in favour of such encroachers.

Considering the facts and circumstances as appears from the record and submission of parties, this writ petition being WPA/121/2020 is disposed of by directing the respondent authority concerned to regularize encroached land in question admittedly occupied by the petitioner as indicated in Annexure P-9 to the writ petition, under the aforesaid scheme dated 17th August, 1987, within a period of eight weeks from the date of communication of this order.

(Md. Nizamuddin, J.)