Nikhil Halder v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/200/2021 Nikhil Halder ... Petitioner Vs.

The Andaman and Nicobar Administration and Others ... Respondents Mr. K.M.B. Jayapal ... for the petitioner Mr. V.D. Sivabalan ... for the respondents September 20, 2022 [MAM] Item No.2 Admittedly, the petitioner is an encroacher of a land in Survey No.14 measuring about 0.83 hectares at Village Kamalapur under Mayabunder Tehsil.

It has been submitted by Mr. Jayapal, learned Advocate appearing for the petitioner that there is already a specific Government order for regularization of the possession of the encroachers in such land.

It has further been submitted by Mr. Jayapal that the petitioner made different representations before the various authorities including the Deputy Commissioner, Mayabunder, North & Middle Andaman District for regularization of his possession. Mr. Jayapal submits that such representations should be considered by the said authorities in the light of the Government order dated 3rd February, 1999 appearing at Page 22 of the Writ Petition.

I do not see any justification to keep this Writ Petition pending. Let respondent no.3 consider the representation dated October 28, 2020 appearing at page 33 of the Writ Petition (Annexure P-4) within a period of eight weeks from date in accordance with law. If necessary, the said respondent shall afford an opportunity of hearing to the petitioner. The reasoned decision arrived at by the said authority shall be communicated to the petitioner within two weeks thereafter. Since no affidavit-in-opposition has been filed by the respondents, the allegations made in the Writ Petition are deemed to be denied by them. WPA 200 of 2021 is accordingly disposed of.

(Kausik Chanda, J.)