Benher v. The Deputy Commissioner And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/51/2024 Benher Vs.

The Deputy Commissioner and another Mr. Arul Prasanth .... for the petitioner Mr. V.D.Sivabalan ... for the respondents January 18, 2024 [SR] Item No.2 Mr. V.D.Sivabalan, learned advocate, who usually appears on behalf of the Administration, is requested to enter appearance in this matter. His appearance be regularized.

It is submitted by Mr. Prasanth, learned advocate appearing for the petitioner that the respondent no.2 has been served by email. There is no representation.

The petitioner submits that the petitioner is a tribal and he resides at Teressa Island, Bengali Village.

The petitioner came to know that the respondent no.2 was residing in the same village, without a tribal pass. The petitioner claims that such action of the respondent no. 2, is contrary to the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956.

This Court is not inclined to go into the merits of the allegations made by Mr.Prasanth.

This Court thus directs the Deputy Commissioner, Car Nicobar District to treat the writ petition as a representation and dispose of the contentions of the writ petitioner, in accordance with

law, upon granting an opportunity of hearing to the petitioner and also upon granting adequate opportunity to the respondent no. 2, including the opportunity to file a written version/ objection to the contentions of the petitioner.

The entire exercise shall be completed within a period of twelve weeks from the date of communication of this order and a reasoned order shall be passed and communicated. Steps shall be taken, thereafter, in accordance with law.

The petitioner is directed to serve a copy of the writ petition along with the copy of this order upon the respondent no.2, by speed post immediately. As no affidavits have been called for, the allegations are deemed to be denied.

The writ petition is accordingly disposed of. ( Shampa Sarkar, J. )