Muneshwar Lall v. M. Usha

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

MAT/4/2022 In IA No:CAN/1/2022, CAN/2/2022 Muneshwar Lall ... Appellant Vs.

M. Usha ... Respondent Mr. K. Vijay Kumar ... for the appellant Mr. Gopala Binnu Kumar ... for the respondent June 30, 2022 [SR] Item No.7 This appeal is directed against an order dated 25 April, 2022 whereby a Learned Single Judge has disposed of the writ petition by directing as follows: "Under such circumstances, as the allegation is against the Tehsildar, Port Blair the writ petition is disposed of with a direction upon the Tehsildar, Port Blair to dispose of the representation dated September 29, 2021 in accordance with law by deploying a Senior Surveyor and Draftsman, to conduct demarcation of the plot of the petitioner, upon holding a joint inspection in the presence of the petitioners and such other interested persons and adjacent plot holders."

The appellant, being an adjacent land owner, has filed this appeal, inter alia ̧ contending that he has received a notice dated 8 June, 2022 pursuant to the impugned

order whereby the Tehsildar has directed the appellant to be present for carrying out the demarcation of the subject premises.

On behalf of the writ petitioner, it is alleged that the appellant has no right whatsoever in respect of the subject premises and no portion of his land is being demarcated. It is further submitted that the appellant has no locus to file this appeal since no right of any kind whatsoever of the appellant is affected by the exercise to be carried out by the Tehsildar.

We have considered the submissions made on behalf of the parties. We find no reason to interfere with the order dated 15 April 2022. The order only directs the Tehsildar to consider the representation of the writ petitioner and take appropriate steps pursuant to such consideration. We are however of the view that in considering the representation of the petitioner in terms of the order dated April 15, 2022, the Tehsildar is to act strictly in accordance with law and give a right of hearing to the appellant as contemplated in the impugned order.

We make it clear that we have not gone into merits of the disputes between the parties and all issues are left open to be decided by the Tehsildar in accordance with law.

It is expected that the Tehsildar shall complete the entire exercise in terms of the impugned order within a period of four weeks from date.

In view of the aforesaid directions, MAT/4/2022 along with all connected applications being CAN/1/2022, and CAN/2/2022 respectively also stand disposed of. ( Ravi Krishan Kapur, J. ) ( Tirthankar Ghosh, J.)