Shri. K. Umar v. The Deputy Commissioner And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/199/2025 Shri K. Umar Vs.

The Deputy Commissioner and others Mr. Gopala Binnu Kumar Ms. Vinita Devi ... for the petitioner Ms. Babita Das ... for the respondents April 09, 2025 [SR] Item No.3 The learned advocate appearing for the petitioner submits that the petitioner is the recorded tenant in respect of 200 sq.mtrs of land at Survey No.2629/1/3 and 200 sq.mtrs of land at Survey No.2629/2/3. An adjacent tenant, namely, Zubaida Adam Kadwa (in short, Zubaida) sought to encroach upon the petitioner's land. A complaint to that effect was lodged by the petitioner and one Mr. Mohammed Rafique, Surveyor arrived at the spot on 24th February, 2025, without prior notice and acted in connivance with Zubaida. A complaint to that effect was lodged by the petitioner before the respondent no.

1 by a representation dated 25th February, 2025 followed by a further representation dated 27th February, 2025. Subsequent thereto, the petitioner also submitted an online application for demarcation of the land in question. Pursuant thereto, a notice was issued by the Revenue Inspector on 7th March, 2025. On the date fixed in the notice, the Survey, namely, Mohammed Rafique arrived at the spot but refused to undertake demarcation since Zubaida was not present.

no.2 to depute a Surveyor other than Mohammed Rafique to conduct the demarcation.

Ms. Babita Das, learned advocate appearing for the respondents submits, upon instruction, that a Surveyor other than Mohammed Rafique may be sent for local inspection and demarcation.

In view thereof, the writ petition is disposed of directing the respondent no.2 to engage a Surveyor other than Mohammed Rafique for inspection and demarcation of the land in question with prior notice to all the interested persons within a period of three weeks from the date of communication of this order.

It is further directed that, upon inspection and demarcation, all necessary follow up steps shall be taken by the respondents, as expeditiously as possible, in accordance with law.

With the above observations and directions, the writ petition is 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. )