Shri. Gopal Kishen v. The Andaman And Nicobar Administration And ANR.
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR ] *** WPA/77/2025 Shri. Gopal Kishen Vs The Andaman and Nicobar Administration and another Mr. KMB Jayapal ... for the petitioner Ms. Babita Das ... for the respondents February 27, 2025 [AKB] Item no. 14 1.
The instant writ application under Article 226 of the Constitution of India has been filed with the following prayers:- i.
Leave may granted Under Rule 26 of Appellate side Rules in view of extreme urgency Involved in the writ petition. ii.
A Writ and/or Writs do issue in the Nature of Mandamus Quashing and/or Annulling and/or Cancelling and/or Rescinding and/or Setting aside the Impugned order dated 31.01.2025 passed by Tehsildar, Sri Vijaya Puram in R.C No. 102/TSVP/2025.
iii.
Interim order staying the operation and/or further operation of the Impugned Order dated 31.01.2025 passed by Tehsildar, Sri Vijaya Puram in R.C No. 102/TSVP/2025 till disposal of the writ petition.
iv.
Rule NISI in terms of Prayer (i), (ii) and (iii) abovementioned. v.
Cost the present application;
vi.
To Pass Such Order or further order or Orders, direction or Direction do issue as this Hon'ble Court may deem fit and proper.
2.
The order impugned in this writ application runs as follows:- "RC.No.102/TSVP/2025
IN THE COURT OF TEHSILDAR
SRI VIJAYA PURAM
ORDER
(UNDER SECTION 104 OR A&N ISLANDS LR & LRR, 1966) WHEREAS, it has been reported by the are Patwari that persons namely 1. Shri Pravain Das, S/o Bishen Das 2. Shri Gopal Kishaen Das S/o Jagdish Kishen Das have occupied Sy no. 951 (govt. Road) situated at Junglighat village.
AND WHEREAS, as per field enquiry it reveals that Shri. Pravin Das has built a storage room and kept a milling machine upon the said path and Shri. Gopal Kishen Das has constructed a shop upon the subject path which is rented to Niston traders since 1993. AND WHEREAS, as per Section 38 of the Andaman & Nicobar Islands Land Revenue & Land Reforms Regulation 1966 all the land in this Union Territory is vested in the Government and no person shall be deemed to have acquired any property therein or any right to over the same by occupation, prescription or conveyance or in any other manner what so ever except by a conveyance executed by or under the authority of the Government;
AND WHEREAS, the land unauthorizedly occupied recorded as Govt. Road, shall attract the provision of Section 104 of the Andaman & Nicobar Islands Land Revenue & Land Reforms Regulations, 1966; AND WHEREAS, as per the judgement passed by Hon'ble supreme Court of India in the matter of Civil Appeal No. 1132 of 2011 @ SLP (C) No. 3109 of 2011 (Shri. Jagpal Singh & Os. -vs- State of Punjab & ors.) all unauthorized occupation over Community land has to be evicted; NOW THEREFORE, you are hereby directed to vacate the unauthorized occupation over Govt. recorded road bearing the land bearing Survey No. 915 situated at Junglighat village under Sri Vijaya Puram Tehsil by 10/02/2025 failing which the same shall be removed by the revenue officials and the material will be confiscated on 11/02/20205; Given under my hand and seal of this Court this the 31st January, 2025.
Tehsildar, Sri Vijay Puram Tehsildar To
1. Shri Pravain Das, S/o Bishen Das
2. Shri Gopal Kishaen Das S/o Jagdish Kishen Das" 3.
Mr. Jayapal, learned counsel appearing on behalf of the writ petitioner has canvassed his argument particularly on the ground of violation of the natural justice by passing the order dated 31.01.2025 in connection with RC No. 102/TSVP/2025, by the Tehsildar, Port Blair without affording any opportunity of hearing to the petitioner and also without supplying the report of Patwari relying on which documents the impugned order in this writ application was passed.
4.
Mr. Jayapal has referred documents annexed at pages 13 to 16 and contended that petitioner herein is a recorded tenant of Survey No. 22/1 and 22/7 measuring area 245 square meters and 240 square meters respectively situated at Junglighat village, under Port Blai Tehsil, District of south Andaman along with a wooden standing House as per the Government revenue records of
land maintained in the office of the Tehsildar, Sri Vijaya Puram in official course of business.
5.
Mr. Jayapal relying on two issues namely violation of natural justice and right of the petitioner over the subject property, has prayed for setting aside the order dated 31.01.2025 passed by the Tehsildar, Port Blair impugned in this writ application. 6.
Per contra, Ms. Babita Das, learned counsel appearing on behalf of the respondent-Administration has submitted that the order dated 31.01.2025 passed by the concerned Tehsildar after affording all opportunity of hearing.
7.
After scrutiny of the challenged order I find that the said order was passed against petitioner to this writ application namely Gopal Kishen who alleged to have illegally occupied according to the report of the Patwari.
8.
After careful perusal of the order between the lines I find hardly any single sentence in support of notice upon Gopal Kishen, the petitioner to this writ application or giving opportunity of hearing to the said Gopal Kishen who was directed to vacate the subject land by a particular date i.e. 10.02.2025. 9.
In my humble opinion, Teshildar before passing the order directing eviction of a person, at least, ought to have served a notice upon the petitioner and also by providing an opportunity of hearing.
10.
In the aforesaid view of the matter, I am in full agreement with Mr. Jayapal that order was passed in violation of principle of natural justice which is sine qua non for an order directing vacation.
11.
As a sequel, the order dated 31.01.2025 stands set aside, with a direction upon the concerned Tehsildar to rehear the RC No. 102/TSVP/2025 in connection with complaint received from Patwari, after serving notice upon the petitioner of this writ application namely Gopal Kishen and also after giving an opportunity of hearing to the parties and pass reasoned order addressing all the submission advanced by the parties before him. 12.
With the aforesaid observation this writ petition stands disposed of with a further requested to concerned Tehsildar to dispose of the RC No. 102/TSVP/2025 preferably within twelve weeks from the date of communication of the order. 13.
Since the affidavits are not called for, all allegations made in the writ petition are deemed to have been denied and disputed by the respondents.
14.
Parties are directed to act on the website copy of this order duly downloaded from the official website of this Court. (Bibhas Ranjan De, J.)