Calcutta High CourtWPA/166/2021disposed

K.Jog Tata Rao And ORS. v. The Deputy Commissioner And ORS.

2021-09-07Hon'Ble Justice Harish Tandon2 pages

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT PORT BLAIR ...

WPA/166/2021 K Jog Tata Rao and others ...

Petitioners Vs.

The Deputy Commissioner and others ... Respondents Mr N. A. Khan, Advocate ... for the petitioners Mr.Krishna Rao, Advocate ... for the respondents September 07, 2021 [GNC] Item No.30.

The grievance of the writ petitioners in the instant writ petition is non disposal of the representation dated 17th December, 2019.

A suit was initiated between the parties thereto for the purpose of partition of the undivided property which stood decreed on admission. Subsequently, the application was made to the concerned authority for making an allocation or demarcation but it transpires in course of such proceeding that the revenue record does not tally, in others words there was mistake in the revenue record which is sought to be corrected and accordingly the petitioners made an application for correction thereof. Since the application was not made with requisite information the earlier writ petition being WP No. 239 of 2019 filed by the petitioner was disposed of granting leave

to file a fresh application seeking selfsame relief. Pursuant to such leave, the application is made on 17th December, 2019 with further demand of justice on 03rd January, 2020. There is no response from the respondent authority. The respondent authority cannot sit idle nor keep the application in suspended animation for all time to come. Once an approach is made for correction of the public record, it is the duty of the revenue authority to show alacrity and not to keep the rights of the parities in lurches. The writ petition is disposed by directing the Deputy Commissioner, South Andaman, Port Blair to consider the application dated 17th December, 2019 and demand of justice dated 03rd January, 2020 and dispose of the same within a period of four weeks from the date of communication of this order after affording opportunity of hearing to the interested parties.

( Harish Tandon, J. )