A. Sharda v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/130/2024 A. Sharda Vs.

The Tehsildar Ms. Vinita Devi .... for the petitioner [on behalf of Mr.Gopala Binnu Kumar] Mr. V.D.Sivabalan ... for the respondent February 27, 2024 [SR] Item No.11 Learned counsel appearing on behalf of the petitioner submits as follows. The father of the petitioner passed away in the year 1988. On 10.07.2023, the brother of the petitioner, during his life time, executed a Will in favour of the petitioner in presence of the attesting witnesses whereby his share in respect of the land bearing Survey No.26, measuring an area of 2.1700 and the land bearing survey No.241, measuring an area of 1.4700 sq.mtrs, both situated at Vijay Nagar, Campbell Bay Tehsil, Great Nicobar District was bequeathed in favour of the petitioner. The brother of the petitioner succumbed to death on 16.07.2023. The petitioner submitted an application for mutation of the land in his name before the respondent authorities on 27.07.2023. Yet, till date, the representation has not been considered.

Learned counsel appearing on behalf of the respondents submits that if the representation is not yet considered, the same would be done in a short time.

In view of the above, the writ petition is disposed of with a direction upon the respondent authorities to consider the representation of the petitioner dated 27.07.2023 within a period of

three months from the date of communication of this order, after giving an opportunity of hearing to the petitioner and to communicate the decision to the petitioner within a fortnight thereafter.

Since affidavits have not been called for, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified photostat copy of this order, if applied for, be supplied to the parties, upon compliance of usual formalities. ( Jay Sengupta, J. )