Geeta Devi v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/106/2022 Geeta Devi ... Petitioner Vs.

The Tehsildar ... Respondent Mr.Pardesdhia Munda ... for the petitioner Mr.Salim Mohammed ... for the Administration April 27, 2022 [GNC] Item No.22 The petitioner claims to be the recorded tenant in respect of the land bearing survey No.90/5 measuring an area of 0.1 hectare situated at Garacharma village, under Port Blair Tehsil, South Andaman.

On August 10, 2021, the petitioner filed an application before the respondent authority praying for demarcation of the recoded land. A revenue case bearing RC No.433/TPB/2021 was initiated.

The petitioner contends to have deposited the prescribed fee. It is submitted that although the authority accepted the prescribed fee, the demarcation has not yet been done. It is alleged, that the petitioner approached the respondent authority on several occasions. Two notices were sent to the petitioner proposing that an inspection of the property of the petitioner will be conducted on different dates, but according to the petitioner, the said notices were not given effect to by the respondent authority. Hence, it is

prayed that the authority may be directed by this court to cause necessary demarcation, in accordance with law. The fact that the Revenue Inspector, Circle-V had issued the notices, is not in dispute. That RC Case No.1433/TPB/2021 was initiated, is also not in dispute. Yet, the petitioner submits that the authority failed to conduct the inspection and complete the demarcation work in respect of the property in question.

Without going into the merits of the claims of the petitioner, the writ petition is disposed of with a direction upon the respondent i.e. the Tehsildar, Port Blair Tehsil to fix a date for such demarcation work.

Advance copies of the notice shall be given to the petitioner, the other interested parties and the recorded tenants. Upon the notice having been served, the demarcation shall be conducted. The report of such demarcation shall be prepared and supplied to the parties. The entire exercise shall be completed within a period of two months from the date of communication of this order.

Needless to mention, this court has not gone into the merits of the claims and counterclaims of the parties. With the above direction, the writ petition stands disposed of.

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

(Shampa Sarkar, J.)