V.Mari v. The Tehsildar
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [ CIRCUIT BENCH AT PORT BLAIR] ** WPA/221/2021 V.Mari
...Petitioner
Vs.
The Tehsildar ... Respondent Mr. Arun Shanda Kumar, Advocate ... for the petitioner Mr. A. K. Mandal, Advocate Mr. Sumit Karmakar, Advocate ... for the Administration September 16, 2021 [SR] Item No.9 The petitioner is seeking a direction upon the respondent authority, being the Tehsildar, Port Blair to dispose of the application filed by the petitioner on 11.12.2018 for demarcation of the land in favour of the petitioner within a specified period of time. The petitioner had requested by his letter for demarcation of his land being house site bearing survey No.1212 measuring area of 200 sq.mtrs/hectares situated at Calicut Village, Port Blair Tehsil, South Andaman District which stands recorded in his name. Accordingly, a demarcation was sought for on the part of the Tehsildar to avoid any future complication in future so that the petitioner can put fencing around his land occupied by him.
The brief fact of the case is that the petitioner is the recorded tenant of the landed property bearing survey No. 183/3/69, measuring an area of 200 sq.mtrs situated at Calicut village under Port Blair Tehsil, South Andaman District, Andaman and Nicobar Islands and paid land revenue to the respondent till 2021.
The petitioner also paid land revenue to the respondent till 2021 and more over the petitioner in the year 2017, already made application before the Tehsildar, Port Blair for demarcation of his landed property but inadvertently he misplaced that application but on the other hand on 20.09.2017 paid the requisite demarcation fees of Rs.10/- (Rupees ten
only) to the respondent but even after such payment of demarcation fees till date no step is taken by the respondent for the demarcation of the landed property of the petitioner and as such the petitioner at last on 11.12.2018 made fresh application for demarcation of his landed property and on 14.12.2018, a report was filed by the concerned Patwari to pay the demarcation fees but the petitioner was not allowed to pay the demarcation fees of Rs.20/- (Rupees twenty only) and as such his application for demarcation of his landed property is still pending before the respondent authority.
According to the petitioner, the respondent has been delaying the matter on one or other ground despite having approached by the petitioner on several times and the respondent is taking any action for demarcation and the said application is pending before the Tehsildar without any effective action in respect of the same.
Having heard learned counsel for the petitioner and Mr.A.K.Mandal along with Mr.Sumit Karmakar, learned advocates for the respondent and in consideration of the representation so made on behalf of the petitioner, this Court finds that the petitioner has an innocuous prayer for consideration of his application placed before the authority which still goes unattended. Therefore, the respondent authority, being the Tehsildar, Port Blair is directed to consider the representation dated 11.12.2018 for demarcation of the land in favour of the petitioner within a period of four weeks from the date of communication of this order by a reasoned order upon giving an opportunity to the petitioner of being heard. Thus, WPA/221/2021 is disposed of. No order as to costs. On submission of Mr. Mandal appearing on behalf of the respondent authority that since the affidavit-in-opposition has not been used, the averments made in the writ application be treated as denied and disputed. The parties are directed to act on the server copy of the order downloaded from the official website.
( Shivakant Prasad, J. )