P.Sundari Devi v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/126/2024 P. Sundari Devi Vs.

The Lieutenant Governor and others Ms. G.Mini ... for the petitioner Mr. V.D.Sivabalan ... for the Administration February 7, 2024 [SR] Item No.1 Suppl.list This matter was listed on the urgency shown by learned counsel appearing for the petitioner. A supplementary list was accordingly taken out for listing of the matter. Mr. V.D.Sivabalan, who was present in Court, was requested to appear for the respondents and a copy of the writ petition was served on Mr. Sivabalan. Mr.Sivabalan was given sufficient time to go through the writ petition. The order under challenge in this writ petition is of 31.01.2024 passed by the Tehsildar, Port Blair. By the said order, the petitioner is one of two parties who were directed to be removed by the Revenue Inspector from the occupied land. The petitioner is to be removed by 08.02.2024 at 10.00 AM, which is tomorrow.

The impugned order reflects that the Tehsildar proceeded to direct removal of the petitioner on a complaint received from one Alka Tirkey, who has been described as the "recorded tenant" in the impugned order.

Learned counsel appearing for the petitioner as well as the respondents have taken the Court through the relevant documents.

From the documents, it would appear that the Tehsildar had passed an identical order on 10.05.2023 directing the petitioner (described as respondent in the order) to vacate the land by 25.05.2023. The petitioner unsuccessfully challenged this order before the Competent Authority which would be

evident from the order passed by the Sub Divisional Officer, South Andaman on 02.01.2024.

The petitioner immediately preferred a second revenue appeal under section 28 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 before the Lieutenant Governor on 10.01.2024. A copy of the appeal was also sent to the Tehsildar, Port Blair.

Admittedly, the appeal preferred by the petitioner is pending as on date.

Hence, it is inconceivable as to how the Tehsildar could have proceeded to direct removal of the petitioner from the land in question bearing survey no.226/4/2 particularly when the appeal is pending before the Lieutenant Governor and a copy of the appeal was also served to the Tehsildar. Therefore, on a balance of equities as well as the principles of natural justice, there shall be a stay of the impugned order dated 31.01.2024 (which was received by the petitioner on 05.02.2024) till three weeks after the second revenue appeal preferred by the petitioner before the Lieutenant Governor is disposed of.

The respondents are accordingly restrained from taking steps in terms of the impugned order dated 31.01.2024 till the time frame directed above.

WPA/126/2024 is 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. )