Shri. Sheik Safiul Islam v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR] ** WPA/144/2021 Shri Sheik Safiul Islam

...Petitioner

Vs.

The Tehsildar

...Respondents

Mr. K. Sabir, Advocate ... for the petitioner Mr. Arul Prasanth, Advocate ... for the respondents November 9, 2021 [SR] Item No.16 The petitioner alleges that he was forcibly ousted from the land which he was occupying for a considerable period of time. The petitioner prays for a direction upon the respondent authorities to pay compensation to him on account of such alleged illegal act of the respondents.

Learned counsel for the petitioner however is not per se aggrieved with the act of the respondents in throwing him out of the land in question. His prayer is only for compensation. The petitioner did not approach the authority with his prayer for compensation prior to filing the instant writ petition. Learned advocate for the petitioner relies upon certain orders passed by this Court in similar matters.

As it appears that the petitioner did not approach the authority with his prayer for compensation prior to filing the instant writ petition, accordingly, this Court thinks it fit to grant liberty to the petitioner to approach the authority with his prayer. In the event the petitioner approaches the authority along with supporting documents, the respondent authority shall consider the same at the earliest, but positively within a period of four weeks from the date of filing of such representation. It is made clear that this Court has not gone into the merits of prayer of the petitioner and all points are left open to be decided

by the respondents at the time of considering the representation made by the petitioner.

The writ petition being WPA/144/2021 stands disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of usual necessary formalities.

(Amrita Sinha, J.)