Albeena Minj v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/159/2024 Albeena Minj Vs.

The Andaman and Nicobar Administration and Others Mr. K. M. B. Jayapal .... for the petitioner Mr. V. D. Sivabalan Mr. Arun S. Kumar ... for the respondents February 27, 2024 [AKB] Item No.2 Heard learned Advocates appearing for the parties. By this writ petition, petitioner prays for relief of direction upon the respondent Tehsildar to not to take any coercive action of eviction against the petitioner, under the relevant provisions of Regulation 202 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 since petitioner has already filed Title Suit being TS No. 18 of 2024 before the Civil Judge (Senior Division), relating to the land-in-question. Petitioner submits that in view of Regulation 202 (8) petitioner is entitled for protection from eviction during pendency of suit. In support of his contention learned Advocate for the petitioner also relies on an earlier order of this Court dated 22nd February, 2024 in W.P. No. 150 of 2021 (Smti. E. Shyamala - vs - The Tehsildar and Others).

Considering the facts and circumstances of the case and submissions of parties, this writ petition being WPA/159/2024 is disposed of by restraining the Tehsildar concerned from taking any steps for evicting the petitioner from land in question relating to which the aforesaid Title Suit is pending before the Civil Judge (Senior Division), Port Blair till the disposal of the suit. Learned Civil Court is requested to dispose the aforesaid suit expeditiously and preferably within six months from the date of communication of this order without granting any unnecessary adjournment to any of the parties. With the above direction and observation WPA/159/2024 is disposed of.

(Md. Nizamuddin, J.)