Nepal Singh v. The Andaman And Nicobar Administration And ANR.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] ...

WPA/236/2022 Gopal Singh ... Petitioner Vs.

The Andaman and Nicobar Administration and others ... Respondents With WPA/239/2022 Nepal Singh ... Petitioner Vs.

The Andaman and Nicobar Administration and others ... Respondents With WPA/241/2022 Amith Kumar Dey ... Petitioner Vs.

The Andaman and Nicobar Administration and others ... Respondents Mr. KMB Jayapal ... for the petitioners Mr. V.D.Sivabalan Mr. Laxmanan ... for the respondents Mr. A.Venkatesh ... for the private respondents November 16, 2022 [SR] Item Nos.15,16,17 Party/parties is/are represented in the order of their name/names as printed above in the cause title. Mr. KMB Jayapal, Learned Counsel, represents the petitioners in these three writ petitions. These three writ petitions raise a common set of grievances.

It is submitted by Mr. Jayapal that the writ petitioners are all parties to the partition suit, which has been decreed.

The partition suit has been decreed on 22nd March, 2018 by the learned Civil Court (Senior Division) at Mayabunder. Pursuant to the decree, the petitioners have approached the Tehsildar, Rangat Tehsil, Middle Andaman by representation dated 3rd December, 2020 for initiating proceedings in terms of the decree of the learned Court and delineate the respective possession of the parties. The inaction of the Tehsildar to act in terms of the said representation and thereby to execute the decree of the learned Civil Court is therefore the primary issue raised in these writ petitions.

Mr. Venkatesh, Learned Advocate, appears for the private respondents. The private respondents were also parties to the partition suit being T.S.No.17 of 2014. The private respondents were directed to be added as parties to the three writ petitions. By an Order of a concurrent Hon'ble Single Bench, impleadment of the private respondents has been carried out and, that Learned Advocate, Mr. Venkatesh, submits that he has been appointed to assist this Court. The private added respondents submit that they have no objection in the event the Tehsildar concerned is directed to act in terms of the decree of the learned Civil Court. Having heard the parties and considering the materials placed, this Court is of the view that the Tehsildar, Rangat Tehsil, Middle Andaman, the respondent no.2 in all the three writ petitions, be directed to take steps in accordance with

law, in terms of the representations dated 3rd December, 2020, being Annexure P-3 to all the three writ petitions. It is further directed that the proceedings to be drawn up by the Tehsildar, Rangat shall be concluded also in accordance with law, within a period of four weeks from the date of communication of this Order.

WPA/236/2022, WPA/239/2022 and WPA/241/2022 stand accordingly disposed of.

All parties to act on a server copy of this order downloaded from the website of the Hon'ble High Court. ( Subrata Talukdar, J. )