Calcutta High CourtWPA/114/2024disposed

M. Suvida v. The Deputy Commissioner

2024-02-20Hon'Ble Justice Jay Sengupta2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/114/2024 M. Suvida Vs.

The Deputy Commissioner, North & Middle Andaman Mr.S.K.Golder ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents February 20, 2024 [SR] Item No.10 This is an application, inter alia, praying for a direction upon the respondents to consider the representation of the writ petitioner dated 22.11.2023.

Learned counsel appearing on behalf of the petitioner submits as follows. The father of the petitioner filed a civil suit for regularization of an encroached land before the Civil Judge Senior Division at Port Bair. On 25.03.2009, a decree was passed in favour of the father of the petitioner in Title Suit No.57 of 2007. On 03.03.2010, he made a representation to the respondent authority through his learned advocate. In 2014, the petitioner's father passed away. Thereafter from 2014 to 2023, the petitioner's mother had been making representations to the Tehsildar, Mayabunder, North and Middle Andaman in this regard. On 22.11. 2023, the petitioner herself made representation before the respondent authority in continuation to her parent's representation made earlier. However, the same has not been responded to. Learned counsel appearing for the respondent submits as follows. This Court cannot act as an executing court, that too after passage of so many years. The point of limitation stares at the face of the writ petition.

It appears that the petitioner is only seeking her representation to be considered by the respondent authority.

Whether the same is in continuation of earlier representations and whether question of limitation is relevant can fairly be decided by the respondent authority in their response.

Let the representation of the writ petitioner, in terms of the prayer made before the authority, be considered by the respondent authority within three months from the date of communication of this order. All points regarding limitation, maintainability and the like are kept open to be considered by the respondent. With the above observations and directions, the writ petition is disposed of.

Urgent certified photostat copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Jay Sengupta, J. )