Mantu Mondal v. The Deputy Commissioner

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/77/2022 Shri Mantu Mondal ... Petitioner Vs.

The Deputy Commissioner, South Andaman ... Respondent Mr. K. Sabir ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondent September 30, 2024 (M.A.Mobin) Item No.40 The instant writ petition is preferred challenging the impugned order dated 12.11.2021 passed by the Deputy Commissioner, South Andaman in compliance with the order passed in WP No. 054 of 2021 by the Co-ordinate Bench of this Court.

Being aggrieved and dissatisfied with the said impugned order the present writ petition is preferred at the behest of the petitioner.

At the very outset, learned Counsel appearing on behalf of the respondent submits before this Court inter alia that the present writ petition is not maintainable as per provision of Section 42 of the Andaman and Nicobar Islands Minor Minerals Rules, 2012.

It is further submitted by the learned Counsel appearing on behalf of the respondent that the Lieutenant

Governor is the Revisional Authority before whom the order passed by the competent authority under the provisions of the Andaman and Nicobar Islands Minor Minerals Rules, 2012 is to be filed.

It is profitable to quote Rule 42 of the Andaman and Nicobar Islands Minor Minerals Rules, 2012 which is as follows:

"-42-Revision. (1) Any person aggrieved by any order made by the competent authority or authorized officer, as the case may be under these rules, may, within two months from the date of communication of the order to him, prefer a revision application to the Lieutenant Governor who shall be the Revisional Authority in such matter.

(2) In every application under sub-rule (1) against order of the competent authority to grant a quarry lease, any person to whom a quarry lease was granted in respect of the same area or for a part thereof, shall be impleaded as party.

(3) Every revision petition, under rule (1) shall be accompanied by a fee of Rs.... To be specified herein.

(4) Along with the revision petition under sub-rule (1) the applicant shall submit as many copies thereof as there are parties impleaded under sub-rule (2).

(5) On receipt of the revision petition and the copies thereof the Revisional Authority, shall send a copy of the revision petition to the Competent Authority or the Authorized Officer whose orders are being challenged, and to each of the parties impleaded under sub-rule (2) specifying a date on or before which he may make his representation, if any, against the revision petition."

It appears from the impugned order that the said order was passed by the Deputy Commissioner, South Andaman District under Section 201 (6) of the Andaman and Nicobar Islands Land Revenue and Land Reforms

Regulations, 1966 and under Section 34 of the Andaman and Nicobar Islands Minor Minerals Rules, 2012. There is a specific provision of Rule 42 of the said Act which entails that any person being aggrieved by the order made by the authority or authorized Officer as the case may be within two months of the date of communication of the order may prefer a revisional application before the Lieutenant Governor who shall be the revisional authority in such matter.

In view of above facts and circumstances, I find that the revisional application should be filed before the appropriate authority as stated herein above within two months from the date of communication of the order. The impugned order was passed on 12.11.2021 and the limitation period has already been intervened in this matter as per provision of Section 42 of the Act. I am of the opinion that as per provision of Section 42 of the Andaman and Nicobar Islands Minor Minerals Rules, 2012 this petition is not maintainable against the impugned order as there is a specific forum as enumerated in the said Section.

Accordingly, the present writ petition is dismissed as not maintainable.

Liberty is hereby given to the petitioner to prefer revision against the impugned order before the appropriate authority within 15 days from the date of this order.

Parties are to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Prasenjit Biswas, J.)