Gauranga Sarkar v. The Andaman And Nicobar Administration

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] *** WPA No. 205 OF 2021 Gaurango Sarkar ... Petitioner Vs.

The Andaman and Nicobar Administration and others ... Respondents Mr. Lokesh Chezian, Advocate ... for the petitioner Mr. Arul Prasanth, Advocate ... for the respondents September 9, 2021 [SR] Item No.13 In this writ application, the petitioner asserts that the petitioner is a recorded tenant of the land measuring an area of 0.6200 hectares standing on survey No. 45 situated at Badmash Pahar village, under Ferrargunj Tehsil, South Andaman District. The petitioner alleges that the private respondent has disposed of his landed property and started encroaching upon the Government Revenue Land by constructing a semi RCC building by blocking the path of the petitioner.

Noticing the act of the private respondent, the petitioner submitted a representation dated 26th June, 2020 and on 4th November, 2020 before the respondent authorities for taking action against the private respondent but no step has been taken by the respondent authorities. Being aggrieved by the inaction on the part of the respondent No. 4, by filing this instant writ application, the petitioner has sought for a direction upon the respondent No. 4 to evict the illegal encroacher i.e. the private respondent from the Government revenue land situated at Badmash Pahar village, under Ferrargunj Tehsil in terms of the representation dated 26th June, 2020 and 4th November, 2020. It is submitted that the respondent No. 5 has refused to accept the copy of the writ application.

Upon hearing Mr. Arul Prasanth learned Counsel for the Official respondent and hearing learned Counsel for the petitioner, the writ application is disposed of with a direction upon the respondent No. 4 to consider the representation so made for appropriate action in respect of illegal encroachment of the Government revenue land in front of survey No. 45 situated at Badmash Pahar village, under Ferrargunj Tehsil within four weeks from the date of communication of this order and to dispose of the same by a reasoned order after giving an opportunity of hearing to all the interested parties. A copy of the reasoned order be communicated to the petitioner as well as the private respondent within a week thereafter.

Thus, the writ application being WPA/205/2021 is disposed of. There shall, however, be no order as to costs. ( Shivakant Prasad, J. )