S. Balaraman v. The Andaman And Nicobar Administration And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/110/2022 S. Balaraman ... Petitioner Vs.

The Andaman & Nicobar Administration and Ors. ... Respondents Mr. K.M.B. Jayapal ...for the Petitioner Mr. Arun S. Kumar ...for the Respondents September 22, 2022 [MAM] Item No.26 It has not been disputed by the parties before this Court that the petitioner has a consent decree in his favour passed in a partition suit by a competent Civil Court. The petitioner sought to rectify the relevant land records on the basis of the said decree dated 30th July, 2019. The respondent no.3, who was defendant no.2 in the partition suit has no objection to such rectification of records. The other defendant in the suit had died without leaving any legal heir.

Mr. Arun S. Kumar, learned Advocate opposes the prayer of the writ petitioner on the ground that the application is time barred under Section 84 of the Andaman & Nicobar Islands Land Revenue and Land Reforms Regulation, 1966.

Mr. Jayapal, learned Advocate representing the petitioner, has rightly pointed out that Section 93 permits a belated application subject to payment of penalty. I am of the view that the bar under Section 84 can be waived by payment of penalty under Section 93 of the Andaman & Nicobar Islands Land Revenue and Land Reforms Regulation, 1966.

In that view of the matter, this writ petition is disposed of with a direction upon the respondent no.2 to consider the representation appearing at page 28 of the writ application within two months from the date of communication of this order in accordance with law. The said respondent will communicate the decision to the petitioner within one week thereafter.

WPA/110/2022 is accordingly disposed of.

(Kausik Chanda, J.)