Shri.Eberthus Minj v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** WPA/217/2025 Shri. Eberthus Minj Vs The Tehsildar Mr. KMB Jayapal ... for the petitioner Ms. Babita Das ... for the respondent April 11, 2025 [AKB] Item No. 1

1. Mr. Jayapal, the learned counsel for the petitioner has submitted that the petitioner being sole beneficiary in respect of a Will dated 08.02.2008 executed by the recorded tenant late Vikraman Nair has filed an application before the Tehsildar, Ferrargunj Tehsil for recording his name as a tenant in the relevant property but the same remain unattended for a considerable period from the side of the respondent.

2. If the respondent is not directed for taking expeditious steps in dealing with the said application for mutation in accordance with Andaman & Nicobar Islands Land Revenue and Land Reforms Regulations, 1966, the petitioner will suffer irreparable loss and injury.

3. The learned counsel for the respondent, Ms. Babita Das has submitted that as per Regulations 1966 the concerned

Tehsildar is under an obligation to take steps in respect of prayer for mutation in accordance with the relevant provisions in this regard if the application is found to be in order.

4. I have considered the materials on record and found merits in the submission of the learned counsel of the parties.

5. In view of the aforesaid I direct the Tehsildar, Ferrargunj, District of South Andaman to take appropriate steps in respect of the application for mutation filed by the writ petitioner on 16.12.2019 as expeditiously as his office can do so and preferably within a reasonable time, in accordance with law.

6. With this direction the writ petition being WPA/217/2025 is disposed of.

7. Since, I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

(Apurba Sinha Ray, J.)