Shri. Jagdish Prasad Mishra v. The Deputy Commissioner And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA 110/2023 Shri Jagdish Prasad Mishra ... Petitioner Vs.

The Deputy Commissioner and Ors. ... Respondents Ms. A.S. Zinu ...for the Petitioner Mr. Arun S. Kumar ...for the Respondents February 20, 2023 [MAM] Item No.18 Heard learned Advocates appearing for the parties. The petitioner has filed this Writ Petition challenging the impugned order rejecting the sale permission, dated 12th November, 2022, being Annexure P-5 to the Writ Petition by relying on an unreported decision of this Court dated 23rd December, 2022 in WPA No.222 of 2021 in the case of P. Ameena Kutty Vs.

The Andaman and Nicobar Administration and others. The petitioner submits that his case is directly covered in his favour by the aforesaid order of another Coordinate Bench.

Mr. Arun S. Kumar, learned Advocate representing the respondents agrees that the case of the petitioner is covered by the aforesaid order of this Court dated 23rd December, 2022 in the case of P. Ameena Kutty(Supra) and which has not been further challenged by the authorities concerned till date.

Considering the facts and circumstances of the case and submission of the parties, this Writ Petition being WPA

No.110 of 2023 is disposed of by setting aside the aforesaid impugned order dated 12th November, 2022, and the matter is remanded back to the respondent authority concerned to pass a fresh decision for allowing the petitioner to sell the land-in-question in view of earlier decision of this Court referred above.

Exercise of passing the fresh order by the respondent concerned shall be completed within six weeks from the date of communication of this order.

With this observation and direction this Writ Petition being WPA No.110 of 2023 is disposed of.

(Md. Nizamuddin, J.)