M. Usha And ANR. v. The Deputy Commissioner And ANR.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/103/2022 M. Usha and another ... Petitioners Vs.
The Deputy Commissioner and another ... Respondents Mr. Gopala Binnu Kumar ... for the petitioners Mr. Salim Mohammed ... for the respondents April 25, 2022 [GNC] Item No.4 The petitioners claim to be the recorded tenants in respect of the land bearing survey No.86/2, measuring an area of 201 square meters situated at Aberdeen village, Port Blair Tehsil, South Andaman district.
According to the petitioners, a demarcation of the said plot by the Administration would be necessary so that the petitioners could enjoy their respective lands without any hindrance and disturbance. Reliance has been placed on an inspection report prepared by the surveyor present in the office of the Tehsildar. The said report was submitted before the Tehsildar. It appears from the said report that the measurement of the plot of the petitioners did not tally with the map maintained in the office of the Tehsildar and as such, the assistance of a Senior Surveyor and Draftsman was required for proper demarcation.
The petitioners submit that despite such report having being deposited in the office of the Tehsildar, no
further steps were taken with regard to the prayer demarcation. As a result of which, the petitioners were not being able to use their approach road freely as the approach road was practically blocked.
Under such circumstance, as the allegation is against the Tehsidlar, Port Blair, the writ petition is disposed of with a direction upon the Tehsildar, Port Blair to dispose of the representation dated September 29, 2021 in accordance with law by deploying a Senior Surveyor and Draftsman, to conduct a demarcation of the plot of the petitioner, upon holding a joint inspection in the presence of the petitioners and such other interested persons and adjacent plot holders.
This Court has not decided the merits of claim of the petitioners and the authority concerned shall act and proceed in accordance with law and pass a reasoned order upon holding an inspection, and by making the necessary demarcation. An opportunity of hearing should be granted to the petitioner, all other interested parties and adjacent plot holders in this regard. The reasoned order so passed shall be communicated to the parties. If such demarcation would not be possible, then the reasons shall be disclosed in the reasoned order The entire exercise shall be completed within a period of two months from the date of communication of this order.
The writ petition stands disposed of.
The parties are directed to act on the server copy of this order.
(Shampa Sarkar, J.)