Shri.K.Usman v. The Deputy Commissioner And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/108/2026 Shri K. Usman Vs The Deputy Commissioner & Ors.

Mr. K. Mohammed Sheheer ... for the petitioner Mr. V.D.Sivabalan Mr. Arun S. Kumar ... for the Respondents March 11, 2026 [AKB] Item No.1 1.

Present writ petition is filed by the petitioner seeking for issuance or writ of mandamus directing the respondent No. 2 the SDO, South Andaman District to expeditiously hear and dispose of the statutory appeal preferred by the petitioner against the eviction order dated 24.02.2026 and also to issue an ad-interim order of stay on the operation of the said eviction order.

2.

It is submitted by the learned advocate representing the petitioner that even though he tried to have an order of interim stay to be passed by the respondent No. 2 where the statutory appeal against the order of eviction has been filed but because of his preoccupation with other official duties the matter could not be taken up when the date of eviction is fixed on 12.03.2026 i.e. tomorrow. Accordingly, the petitioner had to come before this Court.

3.

The learned advocate appearing on behalf of the respondents submits that the statutory appeal is pending

before the Authority and the appeal is filed only on March 6, 2026.

4.

The fact remains that the statutory appeal has been filed only on March 06, 2026 and therefore at this stage no direction is necessary for expeditious disposal of such statutory appeal, but admittedly the petitioner is not protected with any order of interim order when the date of eviction is fixed on 12.3.26 and since the statutory appeal is pending the appellant must be given an opportunity of hearing and till such time unless any interim order in the nature of stay of the operation of the order of eviction is passed the purpose of filing of the statutory appeal would become infructuous and hence the petitioner has made out a case for maintaining this writ petition. 5.

Therefore, in view of the above the concerned authority is directed to dispose of the appeal and till such time let there be an order of interim stay of the operation of the order of eviction dated 24.02.2026 for a period three weeks from date with liberty to mention before the concerned authority for passing further order in respect of the interim order of stay. 6.

In view of the above this writ petition is disposed of without any order of costs.

7.

Since no affidavit has been called for the allegations contained in the writ application are deemed to have been not admitted.

8.

The parties are directed to communicate the authority with the server copy of this order to be downloaded from the

official website of this Court and the parties to act on the server copy of this order.

9.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties on priority basis on compliance of all legal formalities.

(Chaitali Chatterjee (Das), J.)