Baul Raju v. The Andaman And Nicobar Administration And ANR
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/234/2024 Shri Baul Raju ... Petitioner Vs.
The Andaman & Nicobar Administration and Anr. ... Respondents Ms. G. Mini ...for the Petitioner Ms. Babita Das ...for the Respondents July 03, 2024 (M.A.Mobin) Item No.2 The petitioner in the present proceeding is aggrieved by the order dated 19.01.2024 passed by the Tehsildar, Port Blair Tehsil under Section 202 of Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966, whereby the Tehsildar has directed the petitioner to vacate the government land bearing Sy. No. 55/3 situated at Bharatpur village on or before 25.1.2024, failing which he shall be forcefully erected from the said land by the revenue authority.
It is the case of the petitioner that he is the joint recorded tenant in respect of the land bearing Survey No. 54/2 total area 350 Sq. Mtrs situated at Neil Kendra, within Port Blair Tehsil, District of South Andaman and has been
staying on the said premises with his family. Petitioner's wife has been selling food from the said premises and has extended the front portion of the Verandah of the said property.
It is the case of the petitioner that he has not encroached on the public land and the said extension is within his recorded land. The petitioner was issued a showcause notice on 01.03.2023.
On 09.03.2024, the petitioner's wife replied to the said show cause notice and denied the allegations made in the said show cause and stated that there was no encroachment on the public land. The Petitioner further submitted that the said land has been regularized under the pre 78 regularization policy in favour of the petitioner's father. Despite the same, the impugned order dated 19th January 2024 has been passed against the petitioner.
Learned Counsel for the respondents states that the present order is an appealable order under Section 28 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966. Since an alternative remedy is available to the petitioner, this Court directs the petitioner to avail the same since disputed question of facts are involved in the present case regarding the demarcation of the land.
Liberty is granted to the petitioner to approach the appellate authority within a period of two weeks.
With the above direction the present Writ Petition is disposed of.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.
(Gaurang Kanth, J.)