Ganga Din v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/135/2021 Ganga Din ... Petitioner Vs.

The Andaman and Nicobar Administration and Others ... Respondents Mr. K.M.B Jayapal ...for the Petitioner Mr. Rakesh Kumar ... for the respondents February 21, 2023 [Bithika] Item No.24 Heard the learned Advocates appearing for the respective parties.

By this Writ Petition, petitioner has challenged the impugned order dated 16th March, 2021 passed by the Tehsilder, Port Blair, on the ground of violation of principle of natural justice by not providing any copy of the demarcation survey report referred in the aforesaid impugned order.

Though it is not a case where the impugned order was passed without granting any opportunity of hearing rather impugned order was passed after giving opportunity of hearing to the parties but at the same time principle of natural justice demands that if an authority while passing an order relies on a document and which has adverse effect on the interest of a person, he must either be given a copy of the said document or should be allowed to have

inspection of the same. The point involved with this writ petition is very short as to whether the aforesaid document relied on by the respondent authority concerned while passing the impugned order, has given inspection to the petitioner of the said document or provided a copy of the same to the petitioner.

Learned Advocate appearing for the respondents authority concerned though discloses in his affidavit-inopposition, the copy of the aforesaid demarcation survey report but could not specifically make out any statement that before passing the aforesaid impugned order copy of the aforesaid repot was furnished to the petitioner. Considering the facts and circumstances of this case and in the interest of the natural justice, the aforesaid impugned order dated 16th March, 2021 is set aside and the matter is remanded back to the respondent authority concerned to pass a reasoned and speaking order afresh in accordance with law after giving opportunity of hearing to the petitioner and the interested parties or his authorized representative.

This order has been passed on condition that petitioner shall file objection if any, before the authority concerned against the aforesaid demarcation survey report on 3rd March, 2023, and if such objection is filed by the petitioner within the time stipulated herein, the respondents authority concerned shall pass fresh and

speaking order in accordance with law by 31st March, 2023 after giving an opportunity of hearing to the petitioner and interested party positively without granting any adjournment to any of the parties and in case petitioner does not cooperate with the proceeding and prays for adjournment, in that event, respondent authority will be free to pass exparte order. Till the fresh decision is taken by the authority concerned subject to the terms and condition referred herein above, there will be an order of status quo over the plot in question. In case of non filing of the objection to the aforesaid survey report by the petitioner within the time stipulated herein this order will have no force.

Fresh order to be passed shall be communicated to the petitioner and the interested parties within two weeks from the date of passing such order.

With this observation and direction, this Writ Petition being WPA /135/2021 is disposed of.

(Md. Nizamuddin, J.)