Smti.Zubaida Begum v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/128/2026 Smt. Zubaida Begum 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.3 1.

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

2.

This application has been filed with the prayer to issue a writ of mandamus commending the respondent No.2 to dispose of the appeal filed on 18.08.2025 which was filed against order passed by the Tehsildar, Sri Vijay Puram Tehsil, South Andaman District rejecting the mutation of the land on the basis of the Will in respect of the land bearing Survey No. 1973/14 measuring an area of 200 Sq. mtrs.

3.

The case of the petitioner is that the husband of the present petitioner, since deceased, was the recorded tenant of the disputed land which is situated at Aberdeen village under Port Blair Tehsil, South Andaman District and during his life time he executed a registered Will on February 18, 2008 in favour of his wife being the present petitioner. The said Sawab Hussain expired on 18.09.2013 leaving behind the present petitioner and the son and daughter.

4.

The present petitioner after that filed an online application dated 30.04.2025 before the Tehsildar for mutation

of the land as per Will. She also filed the necessary affidavit along with the no objection from the other legal heirs of late Sawab Hussain. To her utter surprise she found that such mutation application has been rejected from the online status form.

5.

Being aggrieved thereby she has filed the First Revenue Appeal before the Sub Divisional Officer, South Andaman on August 18, 2025 being the appellant authority as per Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966. In connection with such appeal, a notice has been issued on October 6, 2025 whereby the date was fixed for hearing on October 22, 2025. On that date the matter was heard before the respondent No.2, but since thereafter no steps were taken by the authority and the appeal is kept pending without any adjudication. The petitioner being the widow lady is suffering immensely because of not disposing the said appeal though the matter was heard which has caused severe mental harassment to the petitioner. Hence she has filed the present writ petition.

6.

Learned advocate representing the respondent would submit that it was an online notice whereby the status was intimated, however, no specific instruction was given to her and hence no such submission could be made before this Court regarding such pendency of the appeal.

7.

However, the appeal is pending before the appellate authority and the matter was heard long back in the month of October 2025 as can be found from the submission as well as

from the pleading. Despite hearing the petitioner no order has been passed as on date and hence this Court is inclined to allow the prayer as the present petitioner qua the appellant is entitled to know the fate of the appeal filed by her. 8.

Therefore, the respondent No.2 is directed to dispose of the appeal at an earliest preferably within a period of three weeks from this date by passing a reasoned order. 9.

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

10.

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

11.

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.)