Khagan Sikder v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [CIRCUIT BENCH AT PORT BLAIR] ...

WPA/87/2022 Khagan Sikder ... Petitioner Vs.

The Lieutenant Governor and others ...Respondents Mr. Prohit Mohan Lal ... for the petitioner Mr. V.D.Sivabalan Mr. Laxmanan ... for the respondents November 21, 2022 [SR] Item No.10 Party/parties is/are represented in the order of their name/names as printed above in the cause title. Mr. Prohit Mohan Lal, Learned Counsel, appears for the petitioner. The petitioner seeks allotment of an alternate agricultural land. It is contended by the petitioner that the original land which was allotted was situated besides a river and hence suffered from erosion.

Mr. V.D.Sivabalan, Learned Counsel, appears with Mr. Laxmanan, Learned Advocate, for the respondents/Administration.

Although liberty was granted to the parties to exchange affidavits by an earlier Order of the concurrent Hon'ble Single Bench, affidavit-in-opposition is yet to be filed by the respondents.

However, after hearing the parties and considering the materials placed, this Court is of the view that the ends of

justice shall be sub-served in the event this writ petition along with its annexures is treated as a representation before the Deputy Commissioner, Mayabunder, North & Middle Andaman District.

Accordingly, the petitioner shall submit the requisite number of copies of the writ petition along with all annexures before the Deputy Commissioner, Mayabunder, North and Middle Andaman District/ the respondent no.3 to this writ petition and the respondent no.3 shall afford an opportunity of hearing to the writ petitioner and other party/parties require to be heard and pass a reasoned order within eight weeks from the date of the submission of the representation. This Court makes it clear that this Court has not gone into the merits of the issue and therefore, all points are kept open to be decided by the respondent no.3.

WPA/87/2022 stands accordingly disposed of.

Since affidavits are not invited, all allegations to the contrary stand denied and disputed.

All parties to act in terms of a copy of the order downloaded from the official website of the Court. Urgent Xerox certified copy of this order be supplied to the Learned Counsel for the respective parties upon compliance of usual formalities.

( Subrata Talukdar, J. )