G. Palani v. The Andaman And Nicobar Administration And ORS.

29.04.2025 Sl. No.03 Cp/S.Biswas CPAN/16/2023 IN WPA/95/2022 Shri G. Palani Vs.

Ms. Veditha Reddy (CIRCUIT BENCH AT PORT BLAIR) Ms. G. Mini .....for the applicant.

Mr. Shatadru Chakraborty, Sr. Advocate Mr. Dibesh Dwivedi ....for the alleged contemnor.

1. This is an application for contempt of the order dated April 22, 2022, passed by this Court. The order was as follows:

"This court finds that Deputy Commissioner, South Andaman district and the Tehsildar, Port Blair has not taken any steps with regard to the numerous representations of the petitioner since 2005.

The writ petition is disposed of with direction upon the Deputy Commissioner, South Andaman district, Port Blair to treat the writ petition as a representation and dispose of the same by granting an opportunity of hearing to the petitioner and by passing a reasoned order. Such order shall be communicated to the petitioner.

The entire exercise shall be completed within a period of three months from the date of communication of this order."

2. Pursuant to the said order, the Deputy Commissioner has disposed of the matter with the following directions:

"In view of the above observations, report and facts, I, Veditha Reddy, IAS, Deputy Commissioner, South Andaman District in the interest of justice, hereby direct the following:- I. The Tehsildar, Port Blair is directed to trace out the original Revenue case file on the basis of which land revenue was collected from the petitioner in 2006.

Further, all effort must be made to trace out the original allotment licence issued as claimed by the petitioner including all other revenue records within 60 days.

II. The Assistant Commissioner, South Andaman to thereafter in 30 days of receipt of report from Tehsildar put up the case with clear recommendations considering all records and facts in accordance with law."

3. The alleged contemnor herein is the Deputy Commissioner. Thus, this Court does not find any contempt on her part. The order has been complied with. The reasoned order is taken on record.

4. The failure of the tehsildar to comply with the order passed by the alleged contemnor gives rise to a fresh cause of action. The tehsildar is not a alleged contemnor in this proceeding.

5. Under such circumstances, the applicant can file an appropriate writ petition for enforcement of the order of the Deputy Commissioner, South Andaman.

6. Accordingly, the contempt application is disposed of. The contempt proceedings are dropped.

(Shampa Sarkar, J.)