Shri.Sushil Pandey And ANR. v. The Sub Divisional Officer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/92/2025 Shri Sushil Pandey and another Vs The Sub Divisional Officer Mr. Tapan Kumar Das ... for the petitioners Mr. Babita Das ... for the respondents February 24, 2025 [SR] Item no.4 1.

Mr. Tapan Kumar Das, learned advocate appears for the petitioners. Ms. Babita Das, learned advocate appears for the Administration of the Islands.

2.

The sole grievance of the petitioners is that a revenue appeal No.4 of 2019 is pending for long before the appellate authority/respondent.

3.

In view of the above, the said appeal Annexure P-6 at page 26 to the writ petition shall be disposed of by the respondent positively within a period of eight weeks upon issuing notice to the parties thereto after affording them an opportunity of hearing and then by passing a reasoned order, in accordance with law.

The reasoned order shall be communicated to the parties to the appeal positively within a period of two weeks from the date of the said reasoned order to be passed.

1.

It is made clear that, this Court has not gone in to the merits of the rival claims of the parties.

2.

The parties shall be at liberty to urge whatever points they wish to urge, by relying upon whatever records and

documents and judgments they wish to rely upon before the respondent but the same shall not travel beyond the scope of the said appeal at page 26 of the writ petition. 3.

In the event, the reasoned order goes in favour of the petitioners then the appropriate authority shall give an immediate effect thereto by taking necessary and consequential steps, in accordance with law but positively within four weeks from the date of the said reasoned order to be passed. 4.

It is made clear that, this order shall not create any right or equity in favour of the parties to the said appeal, if they do not succeed to their respective contentions in the pending appeal strictly in accordance with law.

5.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

6.

With the above observations and directions, this writ petition WPA/92/2025 stands disposed of, without any order as to costs.

( Aniruddha Roy, J. )