R.Elangovan And ANR. v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/69/2020 R. Elangovan and another Vs.

The Lieutenant Governor and others.

Mr. Ananda Halder ... for the petitioner Mr. V.D.Sivabalan Mr. A.S.Kumar ... for the Administration Mr. Gopala Binnu Kumar ... for the private respondent December 21, 2022 [SR] Item No.49 The petitioner seeks enforcement of an order of the Commissioner for demarcation of the land in question. The Commissioner is stated to have found the land to be that of the writ petitioner.

The petitioner's application for mutation and demarcation are based on a license. The license itself appears to have been indirectly questioned, in T.S.No.79 of 2020 now pending before the learned Civil Judge Senior Division, at Port Blair.

This Court is of the view that passing any mandatory direction on the Assistant Commissioner, to follow the direction of the Commissioner would a create conflict of decisions.

Admittedly the writ petitioner is a party to the civil suit and is contesting the same.

This Court is of the view that the interest of both the parties would be sub-served, if the suit is expedited. It is, therefore, ordered that the learned Civil Judge Senior Division, at Port Blair shall dispose of the suit within a period of four months from this date mandatorily and positively.

Let an inspection and discovery be completed by the parties within a period of two weeks from date. The suit shall be fixed for hearing and the first witness of the plaintiff shall be examined on the 3rd week from today i.e. 10.01.2023. The Registry as well as the parties shall communicate this Order to the Civil Judge Senior Division at Port Blair. It is made absolutely clear that this Court has not in any way gone into the rights and contentions of the private respondent or the petitioner and the Civil Court shall decide the matter uninfluenced by any observations or pleadings filed herein.

WPA/69/2020 stands disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )