Laxmi v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/10430/2020 Laxmi ... Petitioner Vs.

The Andaman and Nicobar Administration and Others ... Respondents Mr. K. Vijay Kumar ... for the petitioner Mr.N.A.Khan ... for the respondents April 19, 2022 [GNC] Item No.1 The petitioner has alleged that the Andaman and Nicobar Administration have failed and neglected to accept the premium from the petitioner, who is a 'left out licence holder'. The petitioner submits that the petitioner is a licensee in respect of a survey number/plot No.11/119-6 situated at village Premnagar, Port Blair Tehsil. According to the petitioner such licence to occupy the land for house-site as per Rule 164 was granted by the order of the learned Lieutenant Governor, Andaman and Nicobar Islands, sometime in 1988. It is alleged that despite having granted such licence to occupy the land, the premium was not accepted by the Administration.

The petitioner further alleges that the Administration had published a news item in the Daily Telegrams, inter alia, stating that the Administration was ready to accept the premium from the 'left out licence holder'. It is further alleged that as the premium is not being accepted by the authorities, the name of the petitioner is not being incorporated in the land revenue records.

Under such circumstances several representations were made by the petitioner before the Administration. Such efforts of the petitioner were in vain. Hence, this writ petition has been filed.

The records reveal that the petitioner had made a representation once again, pursuant to the news item released on behalf of the Administration, and requested the Administration to accept the premium. Such representation is Annexure P-5 to page 20 of the writ petition. The petitioner was also asked to appear before the authorities, but thereafter no further development took place.

Under such circumstances, the writ petition is disposed of, with a direction upon the Deputy Commissioner, South Andaman District, Port Blair to dispose of the representation of the petitioner dated August 31, 2018, in accordance with law, upon granting an opportunity of hearing to the petitioner and also by allowing the petitioner to submit documentary evidence in support of her claim. A reasoned order shall be passed and communicated to the petitioner. The entire exercise shall be completed within a period of two months from the date of communication of this order.

This court has not decided the merits of the claims and counterclaims of the parties. The authority will decide the issues, independently.

Although affidavits were called for in the matter, this Court finds that the prayer (ii) made by the petitioner is innocuous and as such, the writ petition is disposed of in the absence of affidavits.

The allegations are deemed to be denied.

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

Parties are directed to act on the server copy of this order. (Shampa Sarkar, J.)