D.M. Prabhakar Rao v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/8/2024 IA No.CAN/1/2024 D.M. Prabhakar Rao Vs.

The Andaman and Nicobar Administration and others Mr. Gopala Binnu Kumar ... for the appellant Mr. V.D.Sivabalan Mr. A.S.Kumar ... for the respondent nos.1 to 4 Mr. Lokesh Chezian ... for the respondent no.5 March 12, 2024 [SR] Item No.2 Heard Shri Gopala Binnu Kumar, learned counsel for the appellant, Shri V.D.Sivabalan, learned counsel for the respondent nos.1 to 4 and Shri Lokesh Chezian, learned counsel for the respondent no.5.

This appeal has been filed praying to set aside the judgment and order dated 31.01.2024 in WPA/991/2023 ( Shri Sultan Kazi vs. The Andaman and Nicobar Administration and others) passed by the learned Single Judge whereby the Order No.6756 dated 04.12.2014 passed by the Secretary, Port Blair Municipal Council, regarding demolition of the house of the appellant herein, was directed to be implemented.

From the record we find that the notice in the writ petition to the appellant/respondent was sent by speed post on 27.10.2023 and it has been shown to have been served by refusal on 28.10.2023 i.e. on the very next day. Perusal of the copy of the envelope shows that the remark "refused" does not even bear signature of any postman. Thus, the service of notice upon the appellant/respondent is extremely doubtful. The impugned order has been passed without any opportunity of hearing to the appellant/respondent. In such circumstances, without entering into the merit of the case, we set aside the impugned order dated 31.01.2024 in WPA/991/2023 (Shri Sultan Kazi vs. Andaman and Nicobar Administration and others) passed by the learned Single Judge. The aforesaid writ petition is

restored to its original number. Matter is remitted back to the learned Single Judge.

The appeal is disposed of with the following directions:- (i) The appellant herein shall file objection in the aforesaid writ petition within two weeks from today.

(ii) The respondent/petitioner shall filed reply to the objection within next two days. Thereafter, the writ petition shall be decided expeditiously.

(iii) It shall be open for the appellant herein to raise all the objection available to him against the allegation made in the aforesaid writ petition including the objection as to the maintainability of the writ petition.

(iv) The order No.677 dated 21.02.2024 passed by the Secretary, Port Blair Municipal Council in consequence to the order passed in the aforesaid writ petition, shall be kept in abeyance and the same shall remain subject to the final decision in the writ petition.

With the aforesaid directions, the appeal and the connected application are disposed of. It is made clear that this order has been passed by us with the consent of the learned counsel for the parties and without entering into the merit of the case or maintainability issue of the writ petition.

(Surya Prakash Kesarwani, J.) (Kausik Chanda, J.)