G.Purusotham v. The Deputy Commissioner And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/73/2022 G. Purusotham ... Petitioner Vs.

The Deputy Commissioner and another ... Respondents Mr. K Sabir ... for the petitioner Mr. Salim Mohammed ... for the Administration Mrs. Anjili Nag ... for the Pvt. respondent April 25, 2022 [GNC] Item No.7 The petitioner submits that the Deputy Commissioner, South Andaman District has failed and neglected to dispose of the representation of the petitioner dated November 12, 2021 praying for setting apart a footpath between the land of the petitioner and the respondent No. 2. Allegation is that the respondent No. 2 has constructed without leaving any side space, in violation of the building rules.

Reliance is placed on the reports of demarcation, from which it appears that the land enjoyed by the petitioner bearing survey No. 37/2 measuring an area of 70 square metres at Minnie Bay, Port Blair had been properly demarcated.

Mrs. Nag, the learned Advocate appearing on behalf of the respondent No. 2, submits that the Deputy Commissioner cannot set apart any private land. Only

footpath on government revenue land can be set apart. She further submits that a civil suit between the parties is pending with regard to the encroachment by the petitioner. The petitioner denies the existence of the civil suit. The petitioner approached the Deputy Commissioner, South Andaman District for certain reliefs and for resolution of a dispute.

The writ petition is disposed of with a direction upon the Deputy Commissioner, South Andaman District to dispose of the said representation dated November 12, 2021, upon hearing the petitioner as also the respondent No. 2. Necessary inspection may be made for the purpose of disposal of the said representation, in presence of the parties. Thereafter, the parties shall be heard. The parties shall also be allowed to file their written version, to any inspection report that may be prepared. The parties shall also be entitled to adduce oral and documentary evidence in course of the hearing to be held by the Deputy Commissioner, South Andaman District. Upon completion of the proceedings by the said authority, a reasoned order shall be passed and communicated to the parties. This Court has not gone into the merits of the claims and counterclaims of the parties.

This order shall not prejudice any civil suit that may be pending between the parties. The entire exercise shall be completed within a period of three months from the date of communication of this order.

The writ petition stands disposed of.

The parties are directed to act on the server copy of this order.

(Shampa Sarkar, J.)