Sukumar Mondal v. The Lt. Governor And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/50/2024 Sukumar Mondal Vs.

The Lieutenant Governor and others Mr. K.Vijay Kumar .... for the petitioner Mr. V.D.Sivabalan ... for the respondents January 19, 2024 [SR] Item No.4 The petitioner submits that the petitioner was given a notice dated May 27, 2002 to vacate the reserved forest block and such notice was issued by the Divisional Forest Officer, Diglipur. The petitioner claims to have vacated the encroached forest area. Yet, no allotment was made in favour of the petitioner in the de-reserved block.

Learned advocate for the respondents submits that the contention of the petitioner was not correct. The petitioner had neither moved away from the encroached area nor vacated the forest block. The encroachment still continues. The question of allotment of land, as prayed for by the petitioner, would not arise. A notice was given to the petitioner to vacate the encroached area and to shift to a de-reserved block. The petitioner denies the allegation of not having vacated the forest area. Under such circumstances, this Court is of the view that the authorities should decide the matter in accordance with law and communicate a decision to the petitioner. The entitlement of the

petitioner shall be decided by the authority. This Court has not decided on such issue.

The Deputy Commissioner, North and Middle Andaman District, Mayabunder, shall treat the writ petition as a representation of the writ petitioner and dispose of the same in accordance with law, upon hearing the petitioner or his authorized representative as also the Sub Divisional Officer, Middle and North Andaman and the Divisional Forest Officer, North and Middle Andaman, Diglipur. A reasoned order shall be passed and communicated to the petitioner.

The entire exercise shall be completed within a period of six months from the date of communication of this order. This court has not gone into the merits of the issue involved. As directed, the authorities should decide the matter. None of the allegations are deemed to be accepted.

The writ application is accordingly disposed of. No order as to cost.

( Shampa Sarkar, J. )