Roop Narayan Tigga v. The Lt.Governor And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/35/2024 Roop Narayan Tigga Vs.

The Lieutenant Governor and others Mr. K.Vijay Kumar .... for the petitioner Mr. V.D.Sivabalan ... for the respondents January 16, 2024 [AKB] Item No.48 The petitioner submits that, although the father of the petitioner (since deceased) 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 his father in the Holding Register.

According to the petitioner, such licence was given after the petitioner's father had vacated the encroached area from a reserved forest block. Since the father expired, the petitioner prays for incorporation of his name.

Learned advocate for the respondents submits that the contention of the petitioner was not correct. The petitioner's father had neither moved away from the encroached area nor vacated the forest block. The encroachment still continues. The question of correcting the records, as prayed for by the petitioner, would not arise. The land had not been physically handed over, nor demarcated.

It appears from the records that the licence was given to the father of the petitioner. Prior to the said licence, a notice was also given to the petitioner's father to vacate the encroached area and to shift to a de-reserved block. The licence was granted to the petitioner's father on December 30, 2003 in respect of the survey/plot no. 471 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 in accordance with law and communicate a decision to the petitioner. The entitlement of the petitioner or other heirs of the deceased, shall be decided by the authority. This Court has not decided on such issue. 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 or his authorized representative as also the Sub Divisional Officer, Middle and North Andaman 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.

(Tirthankar Ghosh, J. )