Shri B.Papa Rao v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA /365/2023 Shri B.Papa Rao ... Petitioner Vs.

The Andaman & Nicobar Administration and Ors.

... Respondents Mr.K.M.B Jayapal ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondents Mr. K.M.B Jayapal ... for the Intervener February 23, 2023 [Bithika] Item No.21 Heard learned Advocates appearing for the petitioner and the respected respondents.

Petitioner has filed this Writ Petition making prayer for direction upon the respondents / Port Blair Municipal Council to implement the order dated 27th January, 2023 passed by the Deputy Commissioner, South Andaman, being Annexure P-11 to the Writ Petition which was passed in compliance of the order of this Court dated 21st March, 2022 in WPA No. 307 of 2021. It appears from the concluding portion of the aforesaid order dated 27th January, 2023 that the Deputy Commissioner has directed Port Blair Municipal Council authority to take necessary action to immediately vacate the affected part of the subject land and providing khass possession to the petitioner thereby restoring the land to its earlier status. Petitioner

submits that in spite of such order dated 27th January, 2023 upon the Municipal Council Authority, till date it has not been implemented. Learned Advocate appearing for the Municipal Council authority submits that he intends to file statutory appeal against the aforesaid order dated 27th January, 2023, but the fact remains that till date no such appeal has been filed and this Court cannot ignore the fact that the aforesaid order dated 27th January, 2023 which was passed by the Deputy Commissioner was in compliance with the order of this Court dated 21st March, 2022.

Considering the facts and circumstances of this case and submission of the parties, this Writ Petition being WPA No. 365 of 2023 is disposed of by directing the Municipal Council authority to give effect to the aforesaid order dated 27th January, 2023 passed by the Deputy Commissioner, within a period of two months from date. This order will not be a bar on the part of the Municipal authority to challenge the aforesaid order dated 27th January, 2023 before the appropriate forum in accordance with law.

It is also clarified that if Municipal Authority files any statutory appeal, the same shall be decided on its own merit.

With this observation and direction, this Writ Petition being WPA No. 365 of 2023 stands disposed of. (Md. Nizamuddin, J.)