Shri.Ch.S.Srinivas Rao v. The Andaman And Nicobar Administration And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/121/2025 Shri CH . S . Srinivas Rao Vs The Andaman and Nicobar Administration and others Ms. G. Mini ... for the petitioner Ms. Babita Das ... for the respondents February 28, 2025 [SR] Item no.20 1.

Ms. G. Mini, learned advocate appears for the petitioner. Ms. Babita Das, learned advocate appears for the respondents. 2.

The sole grievance of the petitioner is that the representation of the petitioner Annexure P-3 at page 29 to the writ petition has not yet been considered.

3.

It appears to this Court that the petitioner seeks subdivision of the immovable property which naturally means there are several other interested parties on the same property. 4.

In view of the above, the respondent no.2, upon issuing prior notice of at least two weeks to the petitioner and all other interested parties on the self-same immovable property and granting them an opportunity of hearing, shall decide the representation Annexure P-3 at page 29 to the writ petition by passing a reasoned order, in accordance with law. 5.

The entire exercise shall be carried out and completed by the respondent no.2 within twelve weeks from the date of communication of this order. The reasoned order then shall be communicated to the petitioner and other interested parties

positively within a further period of two weeks from the date of the said reasoned order to be passed.

6.

It is made clear that this Court has not gone into the merits of the claim of the petitioner or all other interested parties and they shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the respondent no.2. 7.

In the event, the reasoned order confirms the sub-division following the due process of law, the appropriate authority shall give an immediate effect thereto, in accordance with law with the participation and assistance of the interested parties in the immovable parties.

8.

It is made clear that, this order shall not create any right or equity either in favour of the petitioner or in favour of the other interested parties on the property and the sub-division of the property, if permitted in law, shall take place following the due process of law.

9.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

10.

With the above observations and directions, the writ petition WPA/121/2025 stands disposed of, without any order as to costs.

( Aniruddha Roy, J. )