S.Hamza v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/49/2024 Shri S. Hamza ... Petitioner Vs.

The Andaman & Nicobar Administration and Ors. ... Respondents Mr. K.M.B. Jayapal ...for the Petitioner Mr. Arun S. Kumar ...for the Respondent Nos. 1-3 February 02, 2024 (M.A.Mobin) Item No.4 Affidavit-of-Service filed in the Department today. It has been submitted by Mr. Jayapal that the Private Respondent has been duly served. In spite of service none appears for the Private Respondent.

The Writ Petitioner has prayed for an order restraining the Respondent authorities particularly the Respondent No.3 from interfering with and disturbing the possession of the petitioner in respect of the decretal property in Title Suit No.10 of 1999.

It has been specifically stated in the said Writ Petition that without serving any notice of demarcation the Respondent No.3 has fixed a date of demarcation of the subject land and in the garb of demarcation the petitioner

will be ousted from his possession of the decreetal property in the said title suit. The learned Advocate appearing for the Respondent No.3, upon instructions from his client, submits that the Respondent No.3 has not yet taken any decision for demarcation of the said land. Recording such submission of the learned Advocate for the Respondent Nos.1-3 the Writ Petition stands disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.)