Susama Kundu v. The Deputy Commissioner And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR] ** WPA/170/2021 Susama Kundu

...Petitioner

Vs.

The Deputy Commissioner and others ... Respondents Mrs. Anjili Nag, Advocate ... for the petitioner Mr. Krishna Rao, Advocate ... for the respondents September 13, 2021 [AKB] Item No.10 It appears that the writ petitioner has invoked the jurisdiction of the writ court for the second time.

The writ in the nature of mandamus has been sought for directing the respondent authorities specially the Tehsildar, Port Blair to demarcate the land of the writ petitioner and after demarcation if it is found that the respondent No. 3 Andaman Public Works Department is in possession of the land of the writ petitioner, appropriate steps be taken by the Tehsildar and APWD to vacate the land and to hand over the possession to the writ petitioner.

The background facts leading to this writ application is that the writ petitioner is the owner of the land bearing survey No. 163/8 measuring 210 Sq. mtr. Situated at Lamba Line village under Port Blair Tehsil, South Andaman by virtue of deed of sale duly registered on 25.06.1979 by its recorded owner BM Sengupta which fact is evident from the annexure P1 collectively marked with the copy of the deed of sale. After the purchase of the land the petitioner's name was recorded in the record of holding register as such mutation was affected in respect of the land in her favour.

Earlier a writ application being WP No. 401 of 2017 was preferred and this Court by order dated 20.11.2017 had directed the respondent no. 2 Tehsildar to consider the representation dated 07.02.2011 made by the writ petitioner and to demarcate the land with a period of four weeks from the date of communication. The said representation was considered by the Tehsildar by his order dated 09.06.2018 in compliance with the writ Court's order with the finding of facts on documents placed on record that the demarcation of the subject land cannot be conducted in absence of sketch map with which initial allotment was made or the settled possession of the writ petitioner on the subject land upon finding that the petitioner is not in physical occupation and the land claimed by the petitioner is part of Survey No. 163 which is a government revenue land under occupation of Andaman Public Works Department by way of wire mesh fencing.

Mrs. Anjili Nag, learned counsel for the petitioner submits that it is very surprising to note that the sketch map and the map of the land are not maintained by the Tehsildar which they are supposed to maintain and to initiate the demarcation. Aggrieved by the said order, the petitioner took information under RTI Act, 2005 and the RTI gave the reply that certified copies of the sketch map and record of right are available with the area Partwari on usual payment as prescribed in rule 138 of Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966. Based on the same, the petitioner deposited demarcation fees for the subject land and the same was also accepted vide receipt granted by the authority of the land revenue.

But no demarcation was effected and for that the petitioner once again made a representation requesting the Tehsildar, Port Blair Tehsil for eviction of the unauthorized persons from the subject land after necessary demarcation of the land. It is submitted that the demarcation of the land was not conducted despite the direction of this Hon'ble Court and for the failure on part of the Tehsildar to ascertain actual physical possession of the APWD upon the subject land of the petitioner as per the provision under the said Regulations, 1966 for demarcation of the land. The petitioner is now seeking the direction on the Tehsildar to effect demarcation of the subject land of the writ petitioner and if the respondent No. 3 i.e.

APWD is found to be in possession, then to take appropriate steps for vacating the land-in-question and hand over the land to the petitioner.

Mr. Krishna Rao, learned counsel for the respondent drew my attention to the information furnished under the RTI Act, 2005 by the office of the Deputy Commissioner to submit that certified copies of the sketch map and the record of right are available with area Patwari on usual

payment as prescribed in rule 138 of Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966. So, it was incumbent on the part of the petitioner to have applied for supply of the certified copies of the sketch map upon usual payment of the fees. In the context above, the respondent authorities, specially the respondent no.2 is directed to demarcate the subject land on submission of certified copy of the sketch map of the subject land. In the event the petitioner makes the usual payment of the fees for supply of the certified copy of the map, the area Patwari would supply the same within fifteen days from the date of submission and thereafter the same be placed before the concerned Tehsildar respondent no.2 who will take all exercise for demarcation of the subject land so as to resolve the dispute within four weeks from the date of receipt of the certified copy of the map Thus, the writ application being WPA/170/2021 is disposed of, however, without any order as to costs.

All the parties are directed to act on the basis of the website copy of the order.

(Shivakant Prasad, J.)