Shri C P Sajeev And ORS v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/243/2021 Shri C P Sajeev and others ... Petitioners Vs.

Union of India and Others ... Respondents Mr.Arul Prasanth ... for the petitioners Mr. Shatadru Chakraborty Mr.Ramendu Agarwal ... for the respondents April 19, 2022 [GNC] Item No.21 Mr.Chakraborty, learned Advocate appearing on behalf of the Andaman and Nicobar Administration submits that the petitioner is already protected by an order of injunction passed by this court dated October 1, 2021. An interim order of injunction restraining the authorities from taking forcible possession of any of the units used or occupied by the writ petitioners has been passed. The respondents were also directed to remove the seal of the units which were sealed by the respondents. Restoration of possession was also granted. Mr.

Chakraborty submits that in view of the fact that the petitioners are already protected by the order of this court, nothing survives for a decision in the writ petition as the authorities have taken a decision not to proceed against such units of the petitioners except in accordance with law. Accordingly, the authorities have decided to proceed against such persons, through the appropriate authority, under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

In the light of such submissions, this court finds that the approach of the Andaman and Nicobar Administration to be reasonable.

The allegation of the petitioners was that the units of the petitioners were sealed and the petitioners were dispossessed without following due process of law. The petitioners are sufficiently protected by an order of this court. Possession has been restored. Thus, the Administration shall be at liberty to proceed in accordance with law, in respect of the property which are involved in this dispute.

Till such time that such proceedings are concluded and necessary orders are passed as per law, the petitioners shall not be disturbed.

The writ petition stands disposed of with the above directions.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)