Vidya Kumari v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/121/2024 Vidya Kumari Vs.

The Andaman and Nicobar Administration and others Ms. G.Mini ... for the petitioner Mr. V.D.Sivabalan ... for the Administration Ms. Shipra Mondal ... for the respondent no.3 February 8, 2024 [SR] Item No.15 The petitioner prays for a direction on the respondent no.2/the Tehsildar, Port Blair to dispose of the application filed by the petitioner for mutation of land bearing survey number indicated in prayer (ii) of the writ petition. It appears from the documents that the petitioner filed the application on 23rd March, 2023 and the Tehsildar published the notice under Rule 135(3) of the Andaman and Nicobar Islands Land Revenue and Land Reform Rules, 1968 on 28th July, 2023. Form -J makes it clear that the objection to the publication must be entered within 15 days of receipt of the notice. The respondent No.

3, being the Branch Manager, State Bank of India, Haddo, Port Blair, failed to take steps in terms of Form-J. Form-K of the rules authorised the Tehsildar to issue summons for appearance to the interested parties. It also appears that the Tehsildar did not take any steps to issue any summons for appearance to the respondent no.3, State Bank of India.

Learned counsel appearing for the respondent no.3, State Bank of India submits that the petitioner has taken substantial loans from the State Bank of India and for by reason that the State Bank of India is not inclined to grant a No Objection certificate.

This Court is of the view that this objection of the Bank only be taken before the Tehsildar. The Tehsildar shall hence issue summons under Form-K to the interested parties within 7 days from today.

The Tehsildar will follow due process thereafter and dispose of the application within 3 weeks from the date of issuing the summons as directed.

WPA/121/2024 is allowed and disposed of in terms of the above.

Parties to act on a server copy of this order duly downloaded from the official website of the Hon'ble High Court at Calcutta.

( Moushumi Bhattacharya, J. )