Samir Biswas v. The Deputy Commissioner And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/76/2022 Samir Biswas ... Petitioner Vs.

The Deputy Commissioner and others ... Respondents Mr. K Vijay Kumar ... for the petitioner Mr. Salim Mohammed Mrs.Yasmeen Begum ... for the respondents March 24, 2022 [GNC] Item No.11 This is an application under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the inaction on the part of the respondent authorities in not hearing out his appeal filed before the Deputy Commissioner, South Andaman district, Port Blair against an order of demolition dated March 7, 2022. Counsel appearing on behalf of the petitioner submits that inspite of the appeal being pending, the officials are coming to his residence to demolish the building on the one hand, and on the other hand, his appeal is not being heard.

He accordingly prays that his appeal be heard immediately and till the passing of the order in the appeal, some protection be given to him. I have heard counsel appearing on behalf of the parties and perused the materials on record, in my view, this writ petition can be disposed of with a direction upon the Deputy Commissioner, South Andaman district, Port Blair to grant an opportunity of hearing to the petitioner and pass a reasoned order within a period of six weeks from date.

I make it clear that at least two days' notice must be provided to the petitioner for the hearing and no adjournments shall be allowed unless absolutely necessary. I further direct the authorities below to not act in terms of the demolition order dated March 7, 2022 for a period of three weeks from date.

The reasoned order that is passed by the Deputy Commissioner, South Andaman District shall be communicated to the petitioner within a period of three days from the passing of the said order.

With the above directions, this writ petition is disposed of. ( Shekhar B. Saraf, J. )