Rakesh Kumar Yadav v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR] ** WPA/153/2021 Rakesh Kumar Yadav

...Petitioner

Vs.

The Andaman and Nicobar Administration And others

...Respondents

Mr. V. D. Sivabalan, Advocate ... for the petitioner Mr. Arul Prasanth, Advocate ... for the respondents November 9, 2021 [SR] Item No.17 The petitioner seeks alternative land or compensation. The application was made by the petitioner before the Assistant Commissioner (Settlement).

The Assistant Commissioner (Settlement) by a communication dated 26.11.2020 advised the petitioner to approach the appropriate authority for redressal of his grievance. The petitioner thereafter did not approach the appropriate authority but assailed the said communication before this Court by filing the present writ petition.

Learned advocate representing the respondents submits that the Deputy Commissioner, South Andaman District is the appropriate authority to deal with the matter. As it appears that the petitioner did not make any application/representation before the Deputy Commissioner, South Andaman District being the appropriate authority to deal with the matter, accordingly leave is granted to the petitioner to approach the appropriate authority, being the respondent no.2 herein, with his grievance.

In the event such representation is made by the petitioner, the same shall be considered strictly in accordance with law, at the earliest, but positively within a period of four weeks from the date of making such representation. The said authority shall pass a reasoned order and shall communicate the same to the petitioner immediately thereafter.

It is made clear that this Court has not entered into merits of the claim of the petitioner and all points are left open to be decided by the respondent at the time of considering the representation of the petitioner.

The writ petition being WPA/153/2021 stands disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of usual necessary formalities.

(Amrita Sinha, J.)