Smti.Sugandhi v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/198/2025 Smt Sugandhi Vs.

The Andaman and Nicobar Administration and others Mr. K. M. B. Jayapal ... for the petitioner Ms. Babita Das ... for the respondent nos.1 to 3 Ms. Anjili Nag, Sr. Adv.

Mr. Anoushka Singh ... for the respondent no.4 April 09, 2025 [SR] Item No.2 The present writ petition has been preferred challenging, inter alia, an order dated 19th January, 2024 passed by the respondent no.3.

Mr. Jayapal, learned advocate appearing for the petitioner submits that the petitioner is the recorded tenant in respect of the land described in paragraph 3 of the writ petition. As regards a boundary dispute between the government revenue land and the recorded land of the petitioner, the impugned notice was issued by the respondent no.3 on 19th January, 2024 without granting any opportunity of hearing to the petitioner and without conducting proper demarcation.

He further alleges that the BSNL authorities have illegally erected a tower on a portion of the petitioner's land and such illegality warrants interference of this Court.

Ms. Anjili Nag, learned senior advocate appearing for the BSNL authorities, however, submits that the allegation that the BSNL authorities have encroached upon the petitioner's land is absolutely unfounded since such tower has been erected on the land of BSNL and with the permission of the respondent no.2 as would be explicit from an order dated 25th March, 2023 passed by the respondent no.2. Let a copy of the said order, as produced, be kept on record and a copy of the same has been handed over to Mr. Jayapal in Court, today.

Ms. Babita Das, learned advocate appearing for the Administration disputes the contention of the petitioner and submits that pertaining to a boundary dispute between the government revenue land and the recorded land of the petitioner, a revenue case being RC No.365/TM/2023 was initiated and disposed of by an order dated 19th January, 2025 and the said order is an appealable one.

Heard learned advocates appearing for the respective parties and considered the materials on record. The order impugned has been issued in exercise of the authority under Regulation 202 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966. The said Regulation itself provides an avenue to the person aggrieved to take steps towards institution of a suit.

Mr. Jayapal, learned advocate also submits that such steps would be taken by the petitioner immediately. In view thereof, no further interference is called for in the present writ petition and the same is, accordingly, disposed of.

However, there shall be no order as to costs. Urgent Photostat certified copy of this order, if applied for, shall be supplied to the parties as expeditiously as possible, upon compliance of all formalities.

( Tapabrata Chakraborty, J. )