Billo Rani Baroi v. The Lieutenant Governor And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/281/2021 Billo Rani Baroi ... Petitioner Vs.

The Lieutenant Governor and Others ... Respondents Mr. Ananda Halder ... for the petitioner Mr. Shatadru Chakraborty ... for the respondents April 19, 2022 [GNC] Item No.28 The writ petition has been moved for a direction upon the Andaman and Nicobar Administration to allot land bearing survey No. 368 measuring an area of 2.03 hectares situated at Tugapur village under Mayabunder Tehsil in favour of the petitioner, lieu of the land bearing survey plot No. 108 situated at Dasharatpur village under Rangat Tehsil which was surrendered by the late husband of the petitioner. The specific case of the petitioner is that lands bearing survey Nos. 107 and 108 situated at Dasharatpur village under Rangat Tehsil were surrendered by her deceased husband long time ago and the allottee was promised alternate lands.

The petitioner contends that the late husband of the petitioner had already been allotted 4.05 hectares of land at Dasharatpur village under the colonization scheme in the year 1954. Land revenue was paid up to 1965. The petitioner's late husband, surrendered the lands bearing survey plot Nos. 107 and 108 which were classified as hilly land situated at

Dasharatpur village. The physical possession of the said lands were also handed over to the appropriate authority. Licence with regard to land bearing survey plot No. 127 measuring an area of 2.02 hectares situated at Tugapur village under Mayabunder Tehsil had been issued in the name of the late husband of the petitioner, vide licence dated August 29, 1974. It is alleged that the Administration had assured that further 2.03 hectares would be allotted to the late husband of the petitioner, after identification of the land at Tugapur village. The authorities directed the late husband of the petitioner to search out any unoccupied government land at Tugapur village. Accordingly, land bearing survey No.368 at Tugapur village was identified. The said land measures around 2.03 hectares and the same is in possession of the petitioner and her son. It is alleged that the licence has not yet been issued in respect thereof.

Records reveal that by an order passed by the Deputy Commissioner, Andaman vide RC no.123 of 1994, land bearing survey No.127 was renumbered as survey No.300/6. The petitioner submits that the survey plot No.368 measuring 2.03 hectares has been identified and had been occupied by the petitioner, but the authorities are not allotting the same in the name of the petitioner, by issuing the licence. Thus, the writ petition has been filed, for necessary orders. Mr.Chakraborty, learned Advocate appearing for the Administration submits that there are factual controversies in the pleadings and this court cannot pass mandatory orders. He denies the fact that the petitioner was allowed to trace out any

unoccupied government land and accordingly survey plot No.368 had been found by the petitioner's late husband and since then, the petitioner has occupied the said land.

Considered the rival contentions of the parties. For the ends of justice, this court is of the view that this writ petition should be disposed of with a direction upon the Deputy Commissioner, North and Middle Andaman, Mayabunder to dispose of the representation of the petitioner dated April 1, 2021 in accordance with law, upon hearing the petitioner or a representative of the petitioner and upon perusal of the documents that may be produced by the petitioner. A reasoned order shall be passed and communicated to the petitioner. The entire exercise shall be completed within a period of three months from the date of communication of this order. It is made clear that the authority shall decide the matter independently, on the basis of the records maintained by the authorities as also on the basis of the submissions of the petitioner and the documents to be produced by the petitioner. This court has not decided the merits of the claims and counterclaims of the parties.

With the above directions, the writ petition stands disposed of.

The parties are to act on the server copy of this order. (Shampa Sarkar, J.)