Andaman Mahila Mandal v. The Andaman And Nicobar Administration And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/190/2022 Andaman Mahila Mandal ... Petitioner Vs.

The Andaman and Nicobar Administration and another ... Respondents Mr. K.M.B. Jayapal ...for the petitioner Mr. V. D. Sivabalan ...for the respondents August 18, 2022 [MAM] Item No.2 Being aggrieved by the impugned proceeding initiated by Tehsildar, Port Blair Tehsil in F.

No.23/Rev/TPB/2022/741 and consequent notice dated 01.6.2022 issued thereunder, the present Writ application has been preferred under Article 226 of the Constitution of India. The writ petitioner contended that the petitioner is the recorded tenant of land, bearing Survey No.2265/P measuring an area of 3030 Sq. mtrs. at 'House site' 'Abadi Land' situated at Aberdeen Village under Port Blair Tehsil, South Andaman. Said recorded land was allotted in the name of the Writ petitioner by Andaman & Nicobar Administration for the welfare of women community in these Islands and the said writ petitioner under the heading Andaman Mahila Mandal was formed and constituted way back in 1969 and was registered under the provision of

Societies Registration Act and the then Chief Commissioner allotted the recorded land in the name of the Writ petitioner. The aims and object of the Writ petitioner is to impart and promote the advancement of basic women rights and welfare and attainment of higher standard and quality of life as also to assist wherever possible in the social welfare programme of the women sector by undertaking to carryout various activities of a complementary, supplementary of innovative nature, to undertake or promote studies and activities in regard to education vocational training. On 12.10.2005 fire broke out as a result whereof the building of the petitioner was partially destroyed as its wall and roof was badly affected which was repaired and renovated and all important documents including the original license of the recorded land gutted in fire.

It is further submitted that Writ petitioner is regularly paying land revenue in respect of the recorded land as per law before the respondent No.2 and as acknowledgement thereof, receipts are issued time to time by such authority.

To utter surprise and dismay, the respondent No.2 initiated a proceeding without any lawful authority and it is evident from the notice dated 19th May, 2021 that an enquiry has been started to ascertain the usage of recorded

land by the writ petitioner as also on issue of license in the name of the writ petitioner.

The learned Advocate for the petitioner Mr. K.M.B. Jayapal submits that nowhere under the Andaman and Nicobar Islands Land revenue and Land reforms Regulation, 1966, any power has been conferred to the respondent No.2 herein to hold enquiry on the issue of allotment of land in the name of the writ petitioner as also on the issue of utilization of recorded land by the writ petitioner.

Mr. Jayapal further submits that respondent no.2 in colorable exercise of the power, issued the impugned notice, notifying the writ petitioner nature of enquiry, is beyond his jurisdiction and the said proceeding is pending before the respondent no.2 herein. It is learnt that respondent no.2 herein would dispossess the writ petitioner from the recorded land under grab of the impugned proceeding. It is a complete abuse of the process of law as the respondent no.2 herein commenced the impugned proceeding which is unwarranted in the eye of law and impugned notice is not sustainable in the eye of law. Any final order passed in the impugned proceeding would seriously affect the interest of the writ petitioner.

Mr. Jayapal further submitted that the impugned proceeding has been initiated by the respondent no.2 herein in ignorance of the order dated 2.12.2016 passed by

the Deputy Commissioner, South Andaman District for the reason that holding enquiry by respondent no.2 is beyond the jurisdictional power of the respondent no.2 and respondent no.2 in order to evict the writ petitioner from the recorded land initiated the impugned proceeding without any lawful authority. Accordingly, the petitioner has prayed for issuance of Writ in the nature of mandamus quashing and/or setting aside and/or cancellation the impugned proceeding vide F.No.23/Rev/TPB/2022/741 and consequent issuance of notice dated 19th May, 2021 and also in the nature of mandamus commanding the respondent/authorities not to evict the writ petitioner from the aforesaid land.

Mr. V.D. Sivabalan, learned Advocate on behalf of the respondents submits that as per land records the aforesaid land was allotted to Andaman Mahila Mandal for the construction of office building and craft centre in the year 1969 vide Deputy Commissioner Revenue Case No.56 of 69 dated 06/05/1969. It is reported by the area Patwari in her report dated 31.12.2021 that the said land is having two semi RCC building. In one building two rooms were let-out to Nehru Yuva Kendra and Samsung Service parts. Subsequently, Nehru Yuva Kendra has vacated few months ago. In another building Secretary Andaman Mahila Mandal, Smt.

Sarasama Prabhakaran constructed residential house out of which in one room she is residing

with her family and three rooms were let out for residential purpose. Further, local enquiry reveals that no activity is going on in connection with the development of women welfare on the subject land for the purpose of which it was allotted. Further demarcation reveals that an area of 2035 Sq. Mtrs out of total area 3030 Sq. mtrs is in occupation of Andaman Mahila Mandal and an area of 895 Sq. Mtrs. out of area 3030 sq. Mtrs is unoccupied and unutilized by Andaman Mahila Mandal since allotment of land and field verification also reveals that out of the unutilized area is covered with scrub jungle and lying vacant.

Mr. Sivabalan accordingly submits that the subject land is not utilized for the purpose to which it has been allotted to Andaman Mahila Mandal and as such it attracts section 162(c) of the A&N Land Revenue and Land Reforms Regulation 1966 and as such under the said provision, the interest of tenant in his holding or any part thereof is liable to be extinguished. The provision of Section 146 of the said Regulation of 1966 empowers the Chief Commissioner (now the Lt. Governor) to allot land. Being the custodian of land records the primary duty of the Tehsildar, upon getting report from the area Patwari about any land wherein the activity is not done for the purpose it was allotted, to order enquiry and to verify the facts by giving an opportunity of hearing and accordingly the Tehsildar issued notice on 19.5.2022 to Smt. Sarsamma Prabhakaran, President of

said Mahila Mandal. Said Mahila Mondal in order to avoid criminal liability and to avoid from disclosing that she had encroached herself by constructing house and also by letting out rooms to their parties, approaches this Hon'ble Court for protecting the illegal occupiers and as such the Writ Petition is liable to be dismissed with costs. Having considered aforesaid facts and circumstances of the case and also considering the submission made on behalf of the respective parties and that possession allotment and recording of the property in question in the name of writ petitioner is not in dispute the Writ Petition being WPA No.l90 of 2022 is hereby disposed of with a direction upon the respondent/ authorities not to evict the Writ petitioner from the land in question, without taking due course of law bearing Survey No.2265/P situated at Aberdeen Village under Port Blair Tehsil, District- South Andaman.

(Ajoy Kumar Mukherjee, J.)