Sudharanjan Mistry @ Sukharanjan Mistry v. The Lt. Governor, And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/143/2024 Sudharanjan Mistry @ Sukharanjan Mistry Vs.

The Honourable Lieutenant Governor and Others Mr. K. Vijay Kumar .... for the petitioner Mr. V.D.Sivabalan ... for the Administration February 26, 2024 [SR] Item No.9 This is an application praying for a direction upon the respondent authorities to demarcate and to hand over the physical possession of the land bearing survey No.202 measuring an area of 1 hectares situated at Pachnimsagar village under Diglipur Tehsil and to accept the premium of the land and to record the name of the petitioner in the revenue record of holding register in question. Learned counsel appearing on behalf of the petitioner submits as follows. A licence issued by the Sub Divisional Officer, Middle and North Andaman, Mayabunder to the petitioner to occupy the agricultural land as per the description given in the said licence.

The licence was issued in the year 2003 and the petitioner was directed to take physical possession of the said land within a specified period. In spite being present, as directed, the authorities did not hand over the physical possession of the said land, though the petitioner had vacated his unauthorized occupation of the government land in lieu of such licence. In this regard, a mass representation was made to the Hon'ble Lieutenant Governor, Andaman and Nicobar Islands on 21st day of July, 2023 by the affected parties.

respondents. On a similar application filed earlier, by an order dated 09.01.2024 passed by a Coordinate Bench of this Court in WPA/1032/2023, the Deputy Commissioner, North and Middle Andaman District, Mayabunder, was directed to treat the writ petition as a representation and dispose of the same in accordance with law, upon hearing the petitioner as also the Sub Divisional Officer, Middle and North Andaman and the Divisional Forest Officer, North and Middle Andaman, Diglipur. A reasoned order was to be passed and communicated to the petitioner. This exercise was directed to be completed within a period of six months from the date of communication of this order.

The learned counsel appearing on behalf of the respondent authorities submits as follows. The allegations made in the writ petition are denied. The petitioner had neither moved away from the encroached area nor vacated the forest block. The question of correcting the records, as prayed for by the petitioner, thus would not arise. The land has not been physically handed over to the petitioner.

It appears that a licence was issued to the petitioner. However, prior to the said licence, a notice was also given to the petitioner to vacate the encroached area and to shift to a de-reserved block. The petitioner denies the allegation of not having vacated the forest area.

It also appears that a similar issue was taken into consideration by a Coordinate Bench of this Court and appropriate direction was passed. There is no scope or reason for taking a different view.

In view of the above, the Deputy Commissioner, North and Middle Andaman District, Mayabunder, is directed to treat the writ petition of the petitioner as a representation and dispose of the same in accordance with law, after hearing the petitioner as also the Sub Divisional Officer, Middle and North Andaman and the Divisional Forest Officer, North and Middle Andaman, Diglipur by a reasoned order to be passed and communicated to the petitioner. This entire exercise shall be completed within a period of six months from the date of communication of this order. It is clarified that this Court has not gone into the merits of the case.

With these observations, this writ petition is disposed of. Urgent Photostat certified copy of the judgment, if applied for, be supplied to the parties upon compliance of all legal formalities. ( Jay Sengupta, J. )