Ratna Mazumder And ORS v. Deputy Commissioner And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/182/2024 Ratna Mazumder and Others Vs.

The Deputy Commissioner and Others Mr. Kushagra Pandey [through virtual mode] Mr. Pardeshia Munda .... for the petitioners Ms. Babita Das ... for the respondents March 14, 2024 [SR] Item No. 11 Heard Mr.Kashagra Pandey, learned counsel for the petitioners through video conferencing and Ms. Babita Das, learned counsel or the respondent nos.1 to 6.

This writ petition has been filed praying to quash the impugned order dated 26.02.2024 passed by the Tehsildar, Port Blair.

From perusal of the writ petition, it appears that the petitioner no.1, Smt Ratna Mazumder has filed Title Suit No.43 of 2020, petitioner no.2, Smti Malati Das has filed Title Suit No.29 of 2023, petitioner no.3, Smti Rajlaxmi Bairgai has filed Title Suit No.40 of 2023, petitioner no.8, Shri Taun Bala has filed Title Suit No.06 of 2024 and petitioner no.9. Shri Sukumar Singh has filed Title Suit No.41 of 2023, which are stated to be pending before the Civil Judge, Senior Division, South Andaman District. The petitioner nos.4, 5, 6 and 7 have not filed any suit. The petitioners have not file copies of the plaint so as to know as to whether the suit relates to the disputed property or not?

The impugned order dated 26.02.2024 has been passed under section 161 of the Andaman and Nicobar Islands Land Revenue and

Land Reforms Regulation, 1966. Learned counsel for the petitioners submit that the impugned order has been passed without affording any opportunity of hearing to the petitioners. Learned counsel for the respondents has raised a preliminary objection as to the maintainability of the writ petition on the ground that firstly as per own allegations of the petitioners, majority of the petitioners have filed civil suits which are stated to be pending and secondly the impugned order is appealable under section 28 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 and therefore, the writ petition is not maintainable. I have perused the record of the writ petition and I find that the writ petitioners have not filed copies of the plaints of civil suits so as to know as to whether the suit filed by them are in respect of the disputed property or not.

The impugned order is appealable under section 28 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966. Therefore, without expressing any opinion on the merits of the case of the parties, this writ petition is dismissed giving liberty to the petitioners to file appeal under 28 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 or to avail such other remedy as may be available to them under the law.

It is made clear that I have not expressed any opinion on merits of the case of the petitioners.

( Surya Prakash Kesarwani, J. )