Sheela Varghese v. The Deputy Commissioner And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/155/2024 Sheela Varghese Vs.

The Deputy Commissioner and Others Mr. N. A. Khan .... for the petitioner Mr. Babita Das ... for the respondents March 1, 2024 [SR] Item No.9 Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner had made a written representation before the Sub Divisional Magistrate (Assistant Commissioner), South Andaman District, Port Blair, on 13.11.2023 requesting him to hear the matter in his chamber involving the Tehsildar and all other parties concerned in respect of the dispute. Her apprehension was that the Tehsildar was biased. Subsequently, the petitioner made another representation dated 11.12.2023 in this regard. None of these representations have been dealt with.

It was categorically alleged in the representations that the Tehsildar, Port Blair and the Patwari mis-used their official power and position and allowed one Mr.Hasmukh Mehta, owner of an adjacent plot to bulldoze on the petitioner's land to encroach upon a portion of his land on 07.11.2023. A prayer was also made to regularize the petitioner's name in respect of the excess area of land available under Survey No.3145 since 1960s onwards.

Learned counsel appearing on behalf of the respondentsAdministration submits that it would take some time to dispose of the representations because the post of the Deputy Commissioner,

South Andaman has fallen vacant and someone else is to assume office.

It appears that the representations made by the petitioner are pending for some time.

In view of the above and in the interest of justice, the respondent no.1 is directed to consider and dispose of the representation of the petitioner as expeditiously as possible, preferably within a period of six weeks from the date of communication of this order. The result shall be communicated to the petitioner within a week of taking such decision. With these observations, the writ petition is, accordingly, 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. )