Jagdish Narayan v. The Deputy Commissioner And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR ] *** WPA/219/2021 Jagdish Narayan ...

Petitioner Vs.

The Deputy Commissioner & others ...

Respondents Mr.Prohit Mohan Lall, Advocate ... for the petitioner Mr.Krishna Rao, Advocate ... for the respondents September 20, 2021 [GNC] Item No.10 The writ petitioner raised dispute on the extent of the property settled in his favour. According to him there is a dispute with the area and the extent of the property with the neighbor and an application was made to the Tehsildar for demarcation. Though the Tehsildar initiated a proceeding on the basis of the said application but despite the service of the notices fixing the dates for hearing no positive steps have been taken as yet. The grievance of the petitioner in the instant writ petition is delayed disposal of the said proceeding by the Tehsildar. My attention is drawn to several documents and notices including the notice issued by the Tehsildar in this regard wherefrom it appears that the proceeding which was initiated in 2019 is yet pending before the said authority.

Since the dispute pertains to demarcation of the land, the Tehsildar must have acted in promptitude so that such dispute should not remain unsettled for all time to come. Accordingly, the Tehsildar, Port Blair Tehsil is directed to dispose of the said proceeding within five weeks from the date of communication of the order after affording an opportunity of hearing to all the interested persons in accordance with law. Nothing observed hereinabove shall be construed to have an impact on the merit or demerit on the said representation as this Court has no occasion to go into that.

With these observations and direction, the writ petition is disposed of. However, there shall be no order as to costs. ( Harish Tandon, J. )