Radha Dey And ORS. v. The Deputy Commissioner And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/92/2022 Radha Dey and others ... Petitioners Vs.

The Deputy Commissioner and another ... Respondents Mr. N.A. Khan ... for the petitioners Mr. Salim Mohammed ... for the respondents April 22, 2022 [GNC] Item No.37 The petitioners who are the heirs and legal representatives of late Bhagwan Dei wife of late R.K.Dey have approached this Court challenging the inaction on the part of the respondent Nos.1 and 2 in correcting the entry in the land record with regard to the name of recorded tenant (their mother) in respect of land bearing survey Nos.13 and 16(old) pertaining to survey Nos.1119, 706 and 1168 situated at Junglighat village, Port Blair Tehsil, South Andaman district, and non-grant of mutation in respect thereof, respectively.

It is submitted that the revenue records ought to have been corrected by the Deputy Commissioner on the basis of the prayer of the petitioners as the name of late Bhagwan Dei has wrongly gone down in the record. It is submitted that the name of the petitioners' mother "Bhagaban Dabi" should be corrected as "Bhagwan Dei".

The other inaction alleged, is on the part of the Tehsildar, Port Blair tehsil in mutating the names of the petitioners in respect of the aforementioned land in place of and instead of "Bhagwan Dei".

It appears that separate applications have been made before the concerned authorities, respectively. The said authorities have not taken any steps in this regard. Mr.Salim Mohammed, the learned Advocate appearing for the Administration submits that the Administration will pass appropriate orders in accordance with law upon consideration of the representations of the petitioners. He does not admit the allegations. It appears that Regulation 89 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, permits the Deputy Commissioner to correct the record of rights. It further appears that R.C. No.3314/2019 has been initiated by the Tehsildar pursuant to the application for mutation filed by the petitioners. Under such circumstances, the writ petition is disposed of with a direction upon the respondents No.

1, the Deputy Commissioners, South Andaman District, Port Blair to dispose of the application dated June 10, 2020 being Annexure P-4 to this application, for correction of the revenue records with regard to the name of Bhagwan Dei in accordance with law, upon hearing the petitioners.

in support of their claims. A reasoned order shall be passed and communicated to the petitioners.

The entire exercise shall be completed by the said authority, within a period of three months from the date of communication of this order.

Once such correction is made, the Tehsildar, Port Blair Tehsil shall dispose of the application for mutation in accordance with law. The entire exercise shall be completed by the said authority, within a period of two months thereafter.

It is made clear that if either of the authorities find that the prayer of the petitioners cannot be granted, then such reasons shall be disclosed in their respective orders. With the above directions, the writ petition stands disposed of.

Parties are directed to act on the server copy of this order.

(Shampa Sarkar, J.)