Umesh Cahnder v. The Chief Secretary And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/7/2024 Umesh Chander Vs.
The Chief Secretary and others Mr. KMB Jayapal Mr. C.Mano ... for the appellant Mr. Dibesh Dwivedi ... for the respondents [on behalf of Mr. S.Chakraborty] March 11, 2024 [SR] Item No.12 This appeal may be disposed of in terms of the order dated 11.01.2024 in MAT/44/2023 (Rajesh Chander vs. The Chief Secretary and others).
Heard Mr.KMB Jayapal, learned counsel for the appellant/petitioner and Mr. Dibesh Dwivedi, learned counsel for the respondents.
This appeal has been filed praying to set aside the judgment and order dated 23.11.2023 in WPA/1010/2023 (Umesh Chander - vs- Andaman and Nicobar Administration and others) passed by the learned Single Judge.
Learned counsel for the appellant has produced before us a copy of the aforesaid writ petition which is kept on record. Learned counsel for the appellant/petitioner refers to the copy of record of holding register as annexed to the writ petition and points out that survey No.82/2/3 is owned by five co-owners. All the co-owners have filed separate writ petitions before the learned Single Judge challenging the order of the Tehsildar dated 24.10.2016. The other writ petitions of co-owners were disposed of by similar orders as
have been passed in the matter of the writ petition which is impugned in the present appeal. The appeals of the other co-tenure holders had been disposed of by Division Bench of this Court. A copy of one such order dated 11.01.2024 in MAT/44/2023 ( Rajesh Chander vs. The Chief Secretary and others) has been produced before us which is kept on record.
Learned counsel for the respondents does not dispute the factual position that the appeal arising out of similar order passed by the learned Single Judge, has been disposed of by this Court and one such appeal is MAT/44/2023.
In view of the aforesaid, we dispose of this appeal in terms of the judgment and order dated 11.01.2024 in MAT/44/2023 (Rajesh Chander vs. The Chief Secretary and others) set aside the impugned order passed by the learned Single Judge and remit back the matter to the learned Single Judge for a decision afresh in accordance with law.
(Surya Prakash Kesarwani, J.) (Kausik Chanda, J.)