Smti.P.Laxmi v. The Lt.Governor And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/29/2025 Smti. P Laxmi Vs.
The Lieutenant Governor and others Mr. K Vijay Kumar ... for the petitioner Ms.Babita Das ... for the respondent July 02, 2025 [SR] Item No. 4 The petitioner challenges an order dated June 04, 2025, passed by the learned Civil Judge, Senior Division, Port Blair, in T.S. No. 59 of 2025. The relevant order is quoted verbatim below:
"04.06.2025 One application is filed by Smt. P. Laxmi, W/o Shri M. Pandi, under Section 80 of the CPC, seeking leave for the institution of this suit.
Perused the petition under Section 80 CPC.
Heard the learned Advocate for the plaintiff. After going through the material on record and in view of the submissions made by the learned Advocate for the plaintiff, this Court finds that there is no immediate urgency for the institution of this suit against the public officers and/or the Government, without serving the mandatory notice under Section 80(1) CPC. Accordingly, the prayer under Section 80(2) CPC is hereby considered and rejected.
The plaintiff is directed to comply with the notice under Section 80 CPC."
When this revisional application was taken up for hearing on June 10, 2025, a learned Judge of this Court directed the parties to maintain status quo with regard to the nature, character, and possession of the relevant land for a period of
four weeks or until further order, whichever is earlier. The learned Trial Judge was further directed to furnish a report regarding the process of the return of the plaint in Title Suit No. 59 of 2025 to the petitioner/plaintiff, positively on the returnable date.
In compliance with the direction dated June 10, 2025, the learned Judge in the Trial Court filed a report stating that, due to an inadvertent mistake, no direction had been included in the impugned order dated June 04, 2025, for the return of the plaint. However, the plaint was subsequently returned to the plaintiff.
To decide on the propriety of the impugned order, it is necessary to quote Section 80 of the Civil Procedure Code, 1908, which is as follows:
"Section 80: Notice
1. Save as otherwise provided in sub-section (2), no suit shall be instituted against the Government (including the Government of the State of Jammu & Kashmir) or against a public officer in respect of any act purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of:
a) In the case of a suit against the Central Government, except where it relates to a railway, a Secretary to that Government;
b) In the case of a suit against the Central Government where it relates to a railway, the General Manager of that railway;
(bb) In the case of a suit against the Government of the State of Jammu and Kashmir, the Chief Secretary to that Government or any other officer authorized by that Government in this behalf;
c) In the case of a suit against any other State Government, a Secretary to that Government or the Collector of the district; and in the case of a public officer, delivered to him or left at his office, stating
the cause of action, the name, description, and place of residence of the plaintiff, and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.
2. A suit to obtain urgent or immediate relief against the Government (including the Government of the State of Jammu & Kashmir) or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the Court, without serving any notice as required by subsection (1); but the Court shall not grant relief in the suit, whether interim or otherwise, except after giving to the Government or public officer, as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit;
Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1).
3. No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (1), if in such notice: a) The name, description, and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice, and such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1), and b) The cause of action and the relief claimed by the plaintiff had been substantially indicated."** Ms. Babita Das, learned advocate for the opposite parties, contends that the relevant Tehsildar passed the order under Regulation No.
104 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966. She submits that in the present case, the petitioner gave notice under Regulation 202(8) of the said Regulations of 1966.
any notice under Section 80(1) of the CPC. However, no order can be passed without giving the Government or Public Officer a reasonable opportunity to show cause regarding the relief sought in the suit.
After hearing the parties, if the Court is satisfied that no urgent or immediate relief is necessary in the suit, the Court may return the plaint for presentation after complying with the requirements of sub-section (1).
However, it appears that the learned Judge has declined to grant leave and return the plaint after hearing the plaintiff. It is necessary to consider the relevant averments made in the plaint which are quoted below:
"16. That the plaintiff states that the Tehsildar, Sri Vijaya Puram, the defendant no. 6 herein, passed an order under Regulation 104 of A&N Islands Land Revenue and Land Reforms Regulation, 1966, on 16.05.2025, directing the plaintiff to vacate the said premises on or before 26.05.2025, failing which the plaintiff shall be evicted from the suit land.
17. That the plaintiff states that the defendant no. 6 herein passed the order dated 16.05.2025, fully aware that the plaintiff had issued the legal notice invoking Regulation 202(8) of A&N Islands Land Revenue and Land Reforms Regulation, 1966, which is contrary to the said regulation. The defendant should not have passed the order under Regulation 104 of A&N Islands Land Revenue and Land Reforms Regulation, 1966."
In my view sufficient urgency was pleaded as the plaint suggested an imminent threat of eviction to the plaintiff. The learned Judge ought to have accepted the averments made in the plaint at face value. The uncontroverted allegations in the plaint-unless they were palpably untenable-should have been treated as true for the purpose of granting leave. The learned
Judge could have directed the return of the plaint only after hearing the defendants, and only if he was satisfied that there was no urgency in its presentation.
In view of the above, the order dated June 04, 2025 is set aside. It has been submitted by the learned advocate for the petitioner that the plaint has been returned to the plaintiff. The learned Judge in the Court below shall receive the plaint in terms of this order.
The learned Judge shall consider the prayer of the plaintiff after giving the defendants a reasonable opportunity to show cause in respect of the relief prayed for in the suit, After hearing the parties, the learned Judge shall pass necessary orders in accordance with Section 80(2) of the CPC. It is made clear that I have not gone into the merits of the case. The learned Judge in the Court below shall decide all issues without being influenced by this Order. The interim order granted earlier in this application, however, shall continue for a period of four weeks or until further order passed by the learned Trial Judge. Accordingly, CO/29/2025 stands disposed of.
( Kausik Chanda, J. )