Anand Jaiswal v. Union Of India And ORS.
February 28, 2022 ARDR (1) WPA 48 of 2022 Anand Jaiswal Vs.
Union of India & Ors.
Mr. Supriyo Chattopadhyay, Mr. Sudip Kumar Maity, ...for the petitioner.
Mr. Deep Chaim Kabir, Mr. Ramendra Agarwal, ...for the respondents.
The order of the Tehsildar, Port Blair issued on 24th February, 2022 is under challenge in this writ petition.
It is submitted on behalf of the writ petitioner that the petitioner acquired title and possession in respect of 190 square meters of land bearing survey No.28/49/3 at Aberdeen village under Port Blair Tehsildar of South Andaman District and his name has been recorded in the office of the Tehsildar accordingly. A notice was issued to the petitioner on 31st December, 2021 regarding illegal encroachment upon the Government land and the petitioner was directed to appear before the authority on 21st January, 2022. The petitioner sought adjournment before the authority on the said date and also on subsequent dates and the proceeding is still pending. During pendency of the said proceeding, an order has
been issued by the Tehsildar, Port Blair on 24th February, 2022 stating that the petitioner has no right to retain the encroached land in his possession and is liable to be evicted under Section 202 (1) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966. The notice states that the land will be demarcated on 1st March, 2022 by the Surveyor to ascertain the excess occupation and the same will be removed on the same date.
Learned counsel appearing for the petitioner submits that the Tehshildar has no authority to issue such notice during the pendency of the proceeding and the notice is premature and should be quashed. The petitioner should be given an opportunity of hearing before the authority at the time of demarcation of the land in question and also before any order is passed with regard to removal of alleged encroachment, if any. Learned counsel for the respondents submits that due to administrative reasons the order passed on 24th February, 2022 has been withdrawn. A copy of the said order of withdrawal passed on 26th February, 2022 is handed up to this Court by learned counsel Mr. Ramendra Agarwal, which is taken on record. In view of the same, nothing further remains for adjudication in the present writ petition as the prayers of the writ petition have become redundant.
However, on prayer of both the parties, it is recorded that the proceedings shall be taken to its logical conclusion by the authority after giving reasonable opportunity of hearing to the petitioner and demarcation, if any, shall be conducted in presence of both the parties or their legal representatives, in accordance with law.
Accordingly, writ petition being WPA 48 of 2022 is disposed of. There shall be however, no order as to costs.
Since no affidavits are invited, the allegations contained in this writ petition are deemed not to be admitted.
Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)