Kalachand Gharami v. The Lieutenant Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/216/2021 Kalachand Gharami ... Petitioner Vs.

The Lieutenant Governor and Others ... Respondents Mr. Ananda Halder ... for the petitioner Mr. Shatadru Chakraborty ... for the respondents April 19, 2022 [GNC] Item No.20 The petitioner submits that the Administration did not regularize the allotment of the land bearing survey No. 325 measuring an area of 100 square metres at Govinda Nagar village, Swaraj Dweep under Port Blair Tehsil, although the petitioner allegedly encroached the land sometime in the year 1964. The further contention of the petitioner is that the land is being used for running a garment shop. Records reveal that several representations have been made before the competent authority of the Administration, but despite the existing policy of the Government to regularize all such encroachments which took place prior to 1964, the petitioner's case was not considered. Mr.

S. Chakraborty, learned Advocate appearing on behalf of the Administration submits that the contentions of the petitioner are incorrect. There are factual discrepancies. The petitioner's case is not covered by the relevant scheme. He submits that the such points have already been raised in the affidavit-in-opposition used by the Administration. Heard the parties. The petitioner has tried to make out a case of encroachment prior to 1964.

several documents in support of such contention. The Andaman and Nicobar Administration denies the contention of the petitioner. However, what the court finds strange is that the petitioner has not been informed about the fate of his numerous applications/representations filed before the Administration. In such view of the matter, without going into the merits of the claims and the counterclaims of the parties, the writ petition is disposed of with a direction upon the Deputy Commissioner, South Andaman District, Port Blair to treat the writ petition as a representation of the petitioner and decide the same in accordance with law.

While disposing of the same, the petitioner shall be granted an opportunity of hearing. All documentary evidence may be produced before the said authority. The petitioner shall be entitled to make submissions in support of his claim. Thereafter, a reasoned order will be passed upon consideration of the entire issue. The said reasoned order shall be communicated to the petitioner. The entire exercise shall be completed within a period of three months from the date of communication of this order.

The petitioner is directed to serve a copy of the writ petition upon the respondent No.3 for necessary compliance, along with a server copy of this order The parties are to act on the server copy of this order. (Shampa Sarkar, J.)