G. Alapha Rao v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/158/2024 G. Alapha Rao 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.1 Heard learned Advocates appearing for the parties. By this writ petition, petitioner has challenged the impugned order dated 19th January, 2024, under Section 202 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 making prayer for relief of direction upon the respondent Tehsildar to not to give effect to his aforesaid impugned order by contending that petitioner has already filed a Title Suit being TS No.

09 of 2024 before the Civil Judge (Senior Division) and in support of his contention, petitioner relies on Regulation 202 (8) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 which is quoted as hereunder : 202 (8) If notice of an intention to institute a suit is delivered to the Tehsildar, he shall desist from carrying out his order under subsection [1] for a period of three months, and if such suit is filed within such period he shall stay his proceedings pending the decision of the civil court.

Petitioner in support of his contention 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).

Learned Advocate appearing for the respondent in opposing the writ petition submits that inspite of the

existence of the aforesaid Regulation 202 (8) of the aforesaid Regulation, petitioner should not be granted any relief and petitioner should approach the Civil Court for such relief. Considering the facts and circumstances of the case and submissions of parties, this writ petition being WPA/158/2024 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/158/2024 is disposed of.

( Md. Nizamuddin, J. )