Shri.S.Mohan Rao v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/127/2026 Shri. S.Mohan Rao Vs The Andaman and Nicobar Administration and others Ms. G.Mini ... for the petitioner Ms. Babita Das ... for the respondents March 19, 2026 [AKB] Item No.2 1.

Affidavit-of-service filed by the petitioner is taken on record.

2.

This writ petition has been filed because of not disposing of the appeal filed by the petitioner on 02.07.2025 against the order of mutation passed by the Tehsildar, Sri Vijaya Puram Tehsil.

3.

It is submitted by the learned advocate appearing on behalf of the petitioner that late S. Veeramma being the mother of the petitioner purchased the land bearing survey No. 257 measuring an area of 200 Sq. Mtrs. situated at Minnie Bay village, Sri Vijaya Puram Tehsil, South Andaman District. The name of the mother was mutated in respect of that property who died intestate on 02.03.2016 leaving behind her husband and four sons. One of the sons being the legal heir had filed an application before the Tehsildar for mutation of the land in his name.

4.

On 30.05.2019 the mutation was done by the respondent No.3 but it was noticed that instead of mutating the land in favour of all legal heirs of late S. Veeramma, the name of only

one legal heir i.e. Shri. S. Chelpat Rao the applicant was mutated.

5.

It is the case of the petitioner that there was no relinquishment deed or family settlement ever executed by the said mother since deceased in favour of any of the legal hair or the respondent herein in whose favour the land was mutated solely.

6.

The present petitioner being one of the appellant before the First Revenue Appeal preferred by all other legal heirs before the revenue appellate authority, has come up before this Court since the appeal which was filed is pending since July, 2025.

7.

The learned advocate representing the respondent on the other hand primarily raises objection as to the fact that despite notice none of the legal heirs appeared before the Tehsildar. 8.

Heard the submission. Perused the records. It appears that the appeal was filed before the Sub Divisional Officer under Section 28 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966 and it was specifically prayed thereby that the mutation order dated May 30, 2019 passed in R.C No. 599 of 2019 by the Tehsildar, Port Blair so far it restrict mutation solely in favour of Shri. S. Chelpat Rao was to be set aside. None of the legal heir has raised any objection to the same and further prayer was made for directing fresh mutation of the said disputed plot.

9.

It is seen that notices were sent in connection with the appeal and the all the legal heirs have received the notice.

However, date is not fixed for hearing of the said appeal after the last day which was fixed on 21.01.2025.

10.

Therefore, it appears imperative that the appeal be disposed of as expeditiously by the concerned authority particularly in view of the fact that admittedly only one legal heir applied for mutation and the entire property was mutated in respect of him which is presently under challenge by the other legal heirs.

11.

It is therefore directed that the respondent No. 2 to dispose of the appeal being FRA. No. 19 of 2025 within a period of four weeks from this date and to pass a reasoned order after giving an opportunity of hearing to the respective parties connected with the appeal.

12.

Hence the instant writ petition is disposed of with the above direction.

13.

Since no affidavit has been called for, the allegations contained in the writ application are deemed to have been not admitted.

14.

Parties are directed to act on the serve copy of this order to be downloaded from the official website of this court. (Chaitali Chatterjee (Das), J.)