Smti. Sobha Das And ORS. v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA 64/2023 Smti. Sobha Das and Ors. ... Petitioners Vs.

The Andaman & Nicobar Administration and Ors. ... Respondents Ms. G. Mini ...for the Petitioners January 25, 2023 [MAM] Item No.4 The matter is posted today for consideration in terms of the previous order dated 20th January, 2023. By the said order dated 20th January, 2023 this Court directed Mr. Chakraborty, learned Advocate to obtain instructions as to why after conducting hearing on 5th February, 2021 by the Deputy Commissioner, South Andaman District the order was not communicated pursuant to the order dated 10th December, 2019 passed by a coordinate Bench on the previous writ petition being WPA No. 222/2019. Today accommodation has been prayed for on behalf of the respondents and the same is refused.

In the present writ petition, the petitioners have prayed for communication of the decision taken on the basis of hearing conducted on 5th February, 2021. The petitioners made revenue petition dated 2nd November, 2018 which was directed to be considered by the Deputy Commissioner being respondent No. 2 within a particular

period by the coordinate Bench by passing order dated 10th December, 2019.

This Court has been apprised that hearing was conducted by the respondent No. 2 on 5th February, 2021 but till date the decision has not been communicated which triggered the present writ petition. The petitioners have prayed for expeditious communication of the decision based on hearing held on 5th February, 2021.

This Court has heard the learned Advocate representing the petitioners and also perused the order passed by the coordinate Bench on 10th December, 2019 and the notice of hearing dated 21st January, 2021 fixing the date of hearing by the respondent no. 2 on 5th February, 2021. The petitioners participated in the said proceedings before the respondent no. 2 on the scheduled date and time. Therefore, by this time the decision ought to have been communicated by the respondent no. 2 to the petitioners on the revenue petition preferred by the petitioners dated 2nd November, 2018.

Accordingly, the respondent no. 2 is directed to communicate the decision to the petitioners based on hearing held on 5th February, 2021 within a period of eight weeks from the date of communication of this order. If before communicating such decisions respondent no.2 requires any clarification from the petitioners, same may be completed within 2(two) weeks from the date of communication of this order.

With the aforesaid direction, the writ petition stands disposed of.

There shall be no order as to costs.

Urgent Photostat certified copy of this order be supplied to the parties after compliance of all required formalities.

(Saugata Bhattacharyya, J.)