Ranjit Chowkidar v. The Andaman And Nicobar Administration And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/231/2024 Rabindra Nath Chowkidar Vs.
The Andaman and Nicobar Administration and others With WPA/230/2024 Kamala Mondal Vs.
The Andaman and Nicobar Administration and others With WPA/232/2024 Sukumar Chowkidar Vs.
The Andaman and Nicobar Administration and others With WPA/233/2024 Ranjit Chowkidar Vs.
The Andaman and Nicobar Administration and others Mr. KMB Jayapal ... for the petitioners Mr. V.D. Sivabalan ... for the respondents July 31, 2025 [SR] Item Nos.21,22, 23,24 Heard learned counsels for the parties.
Five separate cases have been filed by the petitioners herein and another, who are siblings, praying for a writ of mandamus quashing/setting aside/cancelling the impugned
recording of resumption in the land records of the subject land as maintained in the statutory records by the third respondent. Learned counsel for the petitioners submits that the property in question has been recorded in the record of rights in the name of the predecessor in interest of the petitioners. On rectification of such record, it was recorded that "the holding has been resumed vide order dated 14th April, 1980 of the DCFCC recorded in the sheet O.5 corresponding revenue case No.2469 corresponding to QRC No.54/76 (Tehsildar Mayabunder, Incharge)".
One of the heirs of the original tenant filed a writ petition before this Court being WPA/226/2024 and upon consideration of the submission made on behalf of the parties as well as material on record, a Coordinate Bench of this Court directed that the respondent authorities should treat the writ petition as a representation and hear the matter upon service of notice to the petitioner therein and pass a reasoned order. The said order was assailed by the petitioner therein before the Hon'ble Division Bench of this Court. By an order passed on March 10, 2025 in MAT/19/2025, the order of the Single Judge was modified and the petitioner therein was directed to file a representation with all the documents in support of his contention within four weeks from date.
The Tehsildar was directed to dispose of the representation by a reasoned order within six months, thereof upon granting reasonable opportunity of hearing to the writ petitioner without being influenced by the observation made in the said order.
Tehsildar, Mayabunder, in accordance with law, provided the representation was filed within four weeks from date. In view of the similar nature of the present proceedings and identical prayers made herein by the other heirs of the original tenant, this Court is inclined to hold that the petitioners herein be directed to submit representations before the concerned authority in conformity with the directions of the Hon'ble Division Bench.
In view of the above, the petitioners herein are directed to submit a comprehensive representation before the respondent authority along with documents in support of their respective contention within four weeks from date.
The authority/Tehsildar is directed to consider and dispose of the representation upon granting reasonable opportunity of hearing to all concerned including the petitioners within six months from the date of receipt thereof. In the meantime, the possession of the petitioner shall not be disturbed till a period of a month from the date of the decision.
These writ petitions are accordingly disposed of. Urgent photostat certified copy of the order, if applied for, be supplied to the parties, upon compliance of all necessary formalities.
( Suvra Ghosh, J.)