Somra Toppo v. The Lt. Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/168/2024 Somra Toppo Vs.

The Lieutenant Governor and others Ms.Babita Das ... for the respondents [on behalf of Mr.V.D.Sivabalan] March 4, 2024 [SR] Item No.7 This is an application praying for a direction upon the respondent authorities to demarcate and to hand over the physical possession of the land bearing survey No.553 measuring an area of 1 hectare situated at Pachnimsagar village under Diglipur Tehsil and to accept the premium of the land and to record the name of the petitioner in the revenue record of holding register in question. No one appears for the petitioner, although the respondents are represented.

The prime contentions of the petitioner appear to be as follows. A licence was issued by the Sub Divisional Officer, Middle and North Andaman, Mayabunder to the petitioner to occupy the agricultural land as per the description given in the said licence. The licence was issued in the year 2003 and the petitioner was directed to take physical possession of the said land within a specified period. In spite of this, the authorities did not hand over the physical possession of the said land, though the petitioner had taken steps to vacate the unauthorized occupation of the government land in lieu of such licence. In this regard, a mass representation was made to the Hon'ble Lieutenant Governor, Andaman and Nicobar Islands on 21st day of July, 2023 by the affected parties. In spite of this

representation, no action was taken from the side of the respondents.

Learned counsel appearing on behalf of the respondent authorities submits as follows. The allegations made in the writ petition are denied. The petitioner had neither moved away from the encroached area nor vacated the forest block. The question of correcting the records, as prayed for by the petitioner, thus would not arise. The land has not been physically handed over to the petitioner.

It appears that a licence was issued to the petitioner. However, prior to the said licence, a notice was also given to the petitioner to vacate the encroached area and to shift to a de-reserved block. In view of the above, the Deputy Commissioner, North and Middle Andaman District, Mayabunder, is directed to treat the writ petition of the petitioner as a representation and dispose of the same in accordance with law, after hearing the petitioner as also the Sub Divisional Officer, Middle and North Andaman and the Divisional Forest Officer, North and Middle Andaman, Diglipur by a reasoned order to be passed and communicated to the petitioner. This entire exercise shall be completed within a period of six months from the date of communication of this order. It is clarified that this Court has not gone into the merits of the case.

With these observations, this writ petition is disposed of. Urgent Photostat certified copy of the judgment, if applied for, be supplied to the parties upon compliance of all legal formalities. ( Jay Sengupta, J. )