Shri Muthu Swamy And ANR. v. Shri Ramesh Kumar, Tehsildar

18.05.2023.

Item no. 1.

Court No. 13 ap

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Port Blair Special Civil Jurisdiction (Contempt) (Appellate Side) CPAN 6 of 2023 In W.P.A. No. 240 of 2021 Shri Muthu Swamy & Anr.

Versus

Shri Ramesh Kumar, The Tehsildar, Port Blair Mr. Shatadru Chakraborty, Mr. R. Agarwal.

...For the alleged contemnor.

1. A scanned copy of the affidavit-of-compliance filed in Court today be taken on record.

2. The alleged contemnor has filed an affidavit-ofcompliance of the Port Blair Bench. The same has been read out by Mr. Shatadru Chakraborty, learned Counsel appearing on behalf of the alleged contemnor.

3. It appears from the said affidavit-of-compliance that the land in question has been settled in favour of the father of the petitioners and a portion of the land is being used as a cremation ground. It further appears therefrom that the actual demarcation of the land could not be effected since the Field Measurement Book was not available.

4. The Deputy Commissioner, South Andaman has been notified of the above order. The Deputy

Commissioner, South Andaman shall take steps and all measures to locate the Field Measurement Book.

5. Appropriate accountability shall be fixed for the non-availability of the Field Measurement Book in respect of the area in question since the Field Measurement Book would be the vital document for a large number of other persons.

6. Let a suitable report be submitted by the Deputy Commissioner, South Andaman to the Revenue Secretary, South Andaman at Port Blair within a period of one month from date.

7. With the aforesaid observations, the instant contempt application shall stand disposed of.

8. Rule, if any, shall also stand discharged.

9. There will be no order as to costs.

10.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)