Smti. Nazia Begum v. The Tehsildar And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/168/2026 Smt. Nazia Begum Vs The Tehsildar and others Mr. N.A.Khan ... for the petitioner Ms. Babita Das ... for the respondents April 21, 2026 [AKB] Item No.5 1.

The petitioner in the instant case is the joint recorded tenant of the occupancy right of land bearing survey No. 127 total area of 1.7200 hectares, Classified as P-I situated at Kadakachang village under Ferrargunj Tehsil, South Andaman District.

2.

The petitioner made an application for inclusion of share of each of the joint recorded tenants in the Record of Rights on 06th October, 2025. Subsequently a demand of justice has been submitted before the authority concerned, however, the same remains pending for consideration.

3.

Subsequently, the demand justice made before the authority concerned on 16.12.2025 and in response, thereto a notice has been issued by the respondent authorities on 29.12.2025 directing the petitioner to appear on 13.01.2026 before the authority concerned.

4.

The petitioner submits that despite notice being served for submission of individual affidavits and the No Objection Certificate, the respondent authorities did not take necessary

steps for concluding the entire proceeding for inclusion of the share of each of the recorded tenants in the Record of Rights. 5.

Learned counsel appearing for the respondent authority submits that since there are twenty six tenants occupying the land, only seven have appeared before the authority and others remained unrepresented.

6.

In this context the petitioner submits that as per Section 27 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966, the Tehsildar, being the respondent No.1 herein has ample power to complete the proceeding in accordance with law. Section 27 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966 is reproduced below:- "27. Unless otherwise expressly provided by or under this Regulation the procedure laid down in the Code of Civil Procedure, 1908 shall, so far as may be, be followed in all proceedings under this Regulations."

7.

In conspectus of the above I am of the view that the Record of Rights is a public document maintained under Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, and reflects the factual position of possession, title and shares. Mutation and inclusion of shares is a ministerial act and cannot be kept pending indefinite on the ground of non appearance of some tenants.

8.

Section 27 of the said Regulation empowers the revenue authorities to adopt the procedure laid down in the Code of Civil procedure, 1908 which includes power to proceed exparte under Order IX Rule 6 CPC after due service of notice. The absence of a few recorded tenants cannot defeat the right of others to have their lawful shares incorporated.

9.

Having heard the parties and upon perusing the records I am of the considered view that since the respondent No.1 has already initiated the proceeding, due to the absence of some of the tenants, the respondent No.1 could not conclude the proceedings. I direct the respondent No.1 to complete the entire proceeding in light of Section 27 of the regulation preferably within a period of four weeks and pass a reasoned order in accordance with law upon affording an opportunity of hearing of the petitioner and other stakeholders, if any, and communicate such decision within a week thereafter. 10.

For the sake of natural justice, it is made clear that the respondent No.1 shall further give a notice of hearing to the remaining recorded tenants who have not appeared, so as to enable them to participate in the proceeding. Non appearance despite service shall not be a ground to withhold final orders. Since it is a settled law that statutory authorities are under obligation to discharge their function within a reasonable time. 11.

The writ petition is disposed of without going into the merits of the case.

12.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties on priority basis on compliance of all legal formalities.

(Smita Das De, J.)