Shri B.Satyanarayana v. The Andaman And Nicobar Administration And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA 118/2023 Shri B. Sathyanarayana ... Petitioner Vs.

The Andaman & Nicobar Administration and Anr. ... Respondents Mr. K.M.B. Jayapal ...for the Petitioner Mrs. Anjili Nag ...for the Respondents February 21, 2023 [MAM] Item No.20 Heard learned Advocates appearing for the parties. The petitioner has filed this Writ Petition making prayer for relief of direction upon the respondent authority concerned to consider its application for allotment of shop in the premises in question and in support of his case the petitioner relies on an unreported decision of the Division Bench of this Court dated 17th February, 2023 in MAT No.10 of 2023 in the case of Smt. A. Deivanai Vs. The Chief Secretary and another.

Mrs. Nag, learned Advocate appearing for the Respondents submits that the respondent authority concerned has no objection to consider the case of the petitioner for allotment of the land-in-question if the factual and legal position in the case of the present petitioner stands on the same footing as that of the appellant in the aforesaid case before the Division Bench.

Considering the facts and circumstances of the case and submission of the parties and in view of the decision of

the Division Bench of this Court in the case of Smt. A. Deivanai (Supra), this Writ Petition is disposed of by directing the Port Blair Municipal Council concerned to consider the application of the petitioner for allotment of shop by disposing the pending application-in-question in accordance with law and by passing a reasoned and speaking order after taking into consideration the aforesaid decision of the Division Bench and after providing opportunity of hearing to the petitioner or his authorized representative, within a period of eight weeks from the date of communication of this order and the decision of the authority shall be communicated to the petitioner within two weeks from the date of taking such decision . With the aforesaid direction the Writ Petition being WPA No.118 of 2023 stands disposed of.

(Md. Nizamuddin, J.)