Fathima Yusuf And ORS. v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/204/2021 Fathima Yusuf and Others Vs.

The Andaman and Nicobar Administration and Others Mrs. Anjili Nag ....for the petitioner Mr. Shatadru Chakraborty, Mr. Dibesh Dwivedi ... for the Administration Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents February 28, 2024 [AKB] Item No.

10 Heard learned Advocates appearing for the parties and considered their submission and affidavit-in-opposition filed by the respondents and considering altogether, I am of the view that the issues involved in this writ petition are highly disputed questions of fact involving matter of evidence as to who were/are in possession of the land-in-question at the relevant point of time for the purpose of allowing the claim of the petitioners for compensation or for providing alternative plot of land which cannot be decided by this Court in exercise of constitutional writ jurisdiction by appreciating or re-appreciating matters of evidence and to adjudicate highly disputed question of fact relating to petitioners' possession and accordingly I find no merit in this writ petition being WPA/204/2021 and the same is dismissed.

However, dismissal of this writ petition will not be a bar on the part of the petitioners to avail any remedy if available to them before any forum in accordance with law.

(Md. Nizamuddin, J.)