Miss Kiran Kumari v. The Andaman And Nicobar Administration And ANR.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/71/2022 Miss Kiran Kumari ... Petitioner Vs.
The Andaman and Nicobar Administration and another ... Respondents Mr. KMB Jayapal ... for the petitioner Mr. Salim Mohammed ... for the respondents.
April 26, 2022 [GNC] Item No.15 The petitioner claims to have become a tenant in respect of land bearing survey No. 192, measuring an area of 100 square metres situated at Lamba Lime village, Port Blair Tehsil under South Andaman District.
The contentions of the petitioner is that her father Birsa Kumar Sahu (since deceased) become a tenant in respect of the premises bearing survey No. 192, measuring an area of 100 square metres out of the total 200 square metres situated at Lamba Lime village, Port Blair Tehsil under South Andaman District upon enforcement of a contract on the basis of the verdict of the civil Court. The sale deed was executed by the civil Court in favour of her father. The petitioner now claims to be a tenant as one of the heirs of her father. It is submitted that all the legal heirs of late Birsa Kumar Sahu that is, widow and two daughters jointly
approached the Tehsildar, Port Blair Tehsil for mutation of their names in the revenue records by filing an application dated September 28, 2021. The said application had been made on the basis of the sale deed dated August 19, 2019. The petitioner prays for invocation of Section 84 of the Andaman and Nicobar Islands Land Reforms and Land Regulation, 1966 and the Rules framed thereunder. The petitioner alleges that a considerable time has lapsed and no effective steps have been taken by the concerned respondent. The petitioner submits that upon perusal of the sale deed, the verdict of the Court and demarcation of the land in question, such mutation is to be effected. It is submitted that one of the daughter Smt. Savita Kumari died on March 5, 2022.
Mr. Mohammed, learned Advocate appearing for the Administration submits that the Administration shall act and proceed in accordance with law on the basis of the application filed by the petitioner and other heirs on September 28, 2021. Mr. Mohammed, however, specifically contends that the correctness of all the statements of petitioner shall be verified by the authorities concerned. Having heard the learned Advocates appearing for the parties, the writ petition is disposed of with direction upon the Tehsildar, Port Blair Tehsil to dispose of the application for mutation filed by heirs of late Birsa Kumar Sahu, upon hearing all the heirs of the deceased and other interested parties and pass a reasoned order in accordance with law.
If it appears to the authority that the mutation can be granted on the basis of the records which shall be produced by the petitioner, such mutation shall be effected in accordance with law. If the authorities are of the view that the mutation cannot be granted, then reasons shall be disclosed in the order. The order shall be communicated to all the parties.
The entire exercise shall be completed within a period of three months from the date of communication of this order.
With the above directions, the writ petition stands disposed of.
Parties are directed to act on the server copy of this order.
(Shampa Sarkar, J.)