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Calcutta High CourtWPA/39/2025disposed

Shri.N.Kannappan v. The Deputy Commissioner And ANR.

2025-01-31Hon'Ble Justice Saugata Bhattacharyya2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/39/2025 Shri N. Kannappan Vs.

The Deputy Commissioner and Another Ms. Anjili Nag, Sr.Adv.

Mr. K. Keerthi ... for the petitioner Ms. Babita Das ... for the respondents January 31, 2025 [SR] Item no. 1 1.

The writ petition is heard in presence of learned advocates representing the petitioner and respondent authorities.

2.

Ms. Anjili Nag, learned senior advocate representing the petitioner submits that the petitioner has suffered an order dated 18th December, passed by the Deputy Commissioner, South Andaman whereby a penalty to the tune of Rs.1,24,88,000/- (Rupees one crore twenty four lakhs eighty eight thousand only) was imposed on the allegation of illegal extraction and transportation of boulders.

3.

According to the petitioner, the order dated 18th December, 2024 can be questioned by preferring review application under regulation 34 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966. Accordingly, the petitioner made an application seeking review of the order dated 18th December, 2024 and same was presented before the Deputy Commissioner, being respondent no.1 on 24th December, 2024 as it appears from Annexure P-4

to this writ petition. Petitioner prays for expeditious disposal of the review application.

4.

Respondents are represented by Ms. Babita Das, learned advocate who submits that if the review application is taken out by the petitioner, same may be considered in accordance with law.

5.

Having considered the rival submissions made on behalf of the parties, the writ petition stands disposed of directing the Deputy Commissioner, South Andaman, being respondent no.1, to decide the application which was presented on 24th December, 2024 upon treating the same as review application within a period of eight weeks from the date of communication of this order after granting an opportunity of hearing to the petitioner or his representative. The decision to be taken by the respondent no.1 shall be communicated to the petitioner by ten days thereafter.

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. )