Shri. Kanak Das v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/37/2025 Shri Kanak Das Vs.

The Tehsildar and another Mr. N. A. Khan ... for the petitioner Ms. Babita Das ... for the respondent no.1 Ms. G.Mini ... for the respondent no.2 February 06, 2025 [SR] Item no. 5 1.

By presenting this writ petition, prayer is made for giving direction upon the concerned Tehsildar to dispose of R.C Case No.1479 of 2023. Such proceeding was initiated at the instance of the petitioner seeking mutation based on a Will which was made by the father of the petitioner and it is alleged that the same was registered on 10th May, 2018.

2.

Additional respondent is represented by learned advocate who submits that one Title Suit being T.S.No.124 of 2024 is pending before the Civil Judge, Senior Division at Port Blair wherein the said Will is under challenge and the petitioner in this writ petition being the defendant therein was granted leave to file written statement and the suit is fixed on 14th February, 2025 for filing of written statement by the writ petitioner being defendant no.3.

3.

Respondent no.1 is represented by Ms.Babita Das, learned advocate.

4.

On perusal of the writ petition, it appears that pendency of Title Suit wherein challenge has been thrown to the Will

based on which prayer is made for mutating the land is not disclosed. Since very basis of prayer of the petitioner for mutating the land on disposal of connected revenue case is the Will and the said Will is under challenge before the Civil Court, at this stage, writ petition ought not to be entertained. Hence, writ petition stands dismissed.

5.

After disposal of the Title Suit, the petitioner shall be at liberty to take steps in accordance with law. 6.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocate appearing for the parties upon compliance of usual formalities.

( Saugata Bhattacharyya, J. )