Smti. Padma Mallick v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/126/2025 Smt Padma Mallick Vs The Tehsildar, Sri Vijaya Puram Tehsil.

Mr. C. Shihabuddin Yasir ... for the petitioner Ms. Babita Das ... for the respondent February 28, 2025 [SR] Item no.23 1.

Mr. C.Shihabuddin Yasir, learned advocate appears for the petitioner. Ms. Babita Das, learned advocate appears for the respondent.

2.

Referring to a notice dated February 28, 2024 issued by the jurisdictional Revenue Inspector, learned counsel for the petitioner submits that the petitioner claims the demarcation to segregatie her portion of the land. The other two individuals named in the said notice are the adjacent plot owners. 3.

Learned counsel for the petitioner submits that since then no further step has been taken.

4.

Heard the parties present.

5.

In view of the above, the jurisdictional Tehsildar is directed, upon issuing a prior notice of at least seven days, to the petitioner and the other two individuals named in the said notice dated February 28, 2024 mentioning the date and time therein shall cause physical survey of the property for the purpose of demarcation. The Tehsildar then, on the basis of the said physical survey of the property, shall prepare a report and furnish the same to the petitioner and said two individuals named in the notice.

6.

This exercise shall be carried out by the Tehsildar concerned positively within a period of eight weeks from the date of communication of this order.

7.

On the basis of the said report, the Tehsildar shall proceed and cause necessary demarcation of the plot as claimed by the petitioner, strictly in accordance with law. For such purpose, if any assistance is required, including production of records/documents, the petitioner and the two individuals named in the notice dated February 28, 2024 shall render all such assistance to the Tehsildar.

8.

It is note worthy to mention that the entire demarcation process shall be carried and completed on the basis of the notice dated February 28, 2024 and not beyond that. 9.

It is made clear that this Court has not gone into the merits of the claim of the petitioner.

10.

The petitioner and the other two individuals named in the notice shall be at liberty to produce all records and documents before the Tehsildar.

11.

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

12.

With the above observations and directions, the writ petition WPA/126/2025 stands disposed of, without any order as to costs.

( Aniruddha Roy, J. )