Smti.V.Kulanthaiammal v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/94/2025 Smt V. Kulanthaiammal Vs.

The Andaman and Nicobar Administration and others Mr. N.A.Khan ... for the petitioner Mr. V.D.Sivabalan ... for the respondent nos.1-3 Ms. Bananee Mallick ... for the respondent no.4 April 01, 2025 [SR] Item No.2 The present writ petition has been preferred challenging inter alia an order dated 3rd February, 2025 passed by the respondent no.2 and seeking a direction upon the respondent no.3 to complete the proceeding being RC Case No.1961/2023/TPB (hereinafter referred to as the said proceeding).

Mr. N. A. Khan, learned advocate appearing for the petitioner submits that the petitioner is the recorded owner of the land bearing survey nos.1208 and 1209 measuring an area of 200 Sq. mtrs each classified as house site situated at Calicut Village. On the basis of a complaint lodged by the respondent no.4 against one R.John Bose, the said proceeding was initiated and there was no complaint whatsoever against the petitioner. Drawing my attention to the documents annexed in the writ petitioner, he submits that the First Revenue Appeal preferred by the respondent no.4 was disposed of by an order dated 3rd February, 2025 and thereafter the respondent no.3 passed an order dated 5th February, 2025 in the said proceeding. Both the said orders were challenged by R.John Bose and the same were

set aside by an order passed by a Coordinate Bench in a writ petition being WPA/64/2025.

Mr. Khan argues that though the said orders dated 3rd February 2025 and 5th February, 2025 were set aside, the respondent no.3 issued a notice dated 6th March, 2025 to the petitioner asking him to be present in joint demarcation of the suit property. Since there was, in fact, no complaint against the petitioner, he cannot be dragged into the pending proceeding. Let the copy of the said notice, as produced, be kept on record. Mr. V.D.Sivabalan, learned advocate enters appearance on behalf of the Administration and submits that that in the earlier writ petition, though the orders dated 3rd February, 2025 and 5th February, 2025 were set aside, the respondent no.3 was directed to conclude the proceeding after affording opportunity of hearing to all concerned.

He further submits, upon instruction, that the said proceeding is still continuing and in view thereof, the respondent no.3 had rightly issued notice to the writ petitioner asking him to be present in the joint demarcation pertaining to the said proceeding.

Ms. Bananee Mallick, learned advocate enters appearance on behalf of the respondent no.4 and denies the contention of Mr.Khan.

Heard the learned advocates and considered the materials on record.

A perusal of the order dated 3rd February, 2025 reveals that the respondent no.4 herein filed a complaint against the petitioner as well as R.John Bose. From the order dated 5th February, 2025, it also appears that the complaint of the

respondent no.4 contained allegations against the petitioner herein.

Mr. Khan submits that he is not a part to the said proceeding and as such, he ought not to have been summoned by the respondent no.3. However, in the writ petition itself, the petitioner has prayed for issuance of necessary direction upon the respondent no.3 to complete the said proceeding. By the order dated 10th February, 2025 passed in the earlier writ petition being WPA/64/2025, the order dated 3rd February, 2025 passed by the respondent no.2 and the order dated 5th February, 2025 passed by the respondent no.3 were set aside and the respondent no.3 was also directed to conclude the proceeding after affording necessary opportunity of hearing to all concerned.

In the said conspectus, in my opinion, no interference is called for in the present writ petition and same is, accordingly, dismissed.

It is, however, made clear that the petitioner would be at liberty to participate in the said proceeding and advance his arguments urging all necessary points before the respondent no.3.

( Tapabrata Chakraborty, J. )