Smt. Shoba Singh v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/12/2023 Smt Shoba Singh Vs.

The Lieutenant Governor and others Mr. KMB Jayapal ... for the petitioner Mr. V.D.Sivabalan Mr. Arun S Kumar ... for the Administration Mr. Ananda Halder ... for the pvt. respondent February 23, 2023 [SR] Item No.2 Heard.

This appeal arises out of the order dated 22nd December, 2022 passed by Hon'ble Single Judge in WPA/92/2021.

It is submitted by Mr.KMB Jayapal, learned counsel for the appellant that the appellant had filed WPA/313/2018 in which Shabab Ali and other two respondents i.e. son and daughter of Shabab Ali were the private respondents/OPs. The appellant had filed the aforesaid writ petition with a prayer to quash the order dated 06.12.2018 passed by the Deputy Commissioner, South Andaman District in which recommendation was made for issuance of licence in favour of the aforesaid Shabab Ali ( Respondent/OP No.3). The aforesaid Shabab Ali had filed WPA/92/2021 in respect of the self same land praying for implementation of the order/recommendation of the Deputy Commissioner,

South Andaman District. In the writ petition filed by Shabab Ali, the petitioner of WPA/313/2018 was a respondent. Both the writ petitions being related to self same subject matter and self same order, it was being heard simultaneously though not analogously by the Court. It is submitted by Mr. KMB Jayapal, learned counsel for the appellant that on 22.12.2022, he was absent from Court on ground of some health issue. In his absence, Hon'ble Single Judge passed the impugned order directing the appropriate authority to implement the order, which was the subject matter of challenge in the WPA/313/2018 filed by the present appellant.

The present appeal has been filed with a prayer to set aside the impugned order passed in WPA/92/2021. Mr. Ananda Halder, learned counsel appearing for the respondent nos.3, 4, and 5 submits that the order passed by this Court, which is also the subject of challenge in WPA/313/2018, has already been implemented on passing of the impugned order by Hon'ble Single Judge.

Mr. Arun S Kumar, led by Mr. V.D. Sivabalan, learned counsel for the Administration submits that, in fact the impugned order passed by the Hon'ble Single Judge has already been implemented.

In our considered view, the implementation of the order passed by Hon'ble Single Judge has given rise to fresh cause of action so far as the present appellant is concerned. If so advised, the present appellant may make necessary amendment in his writ petition (WPA/313/2018) to bring on

record the subsequent fact or he may withdraw the writ petition as it has become infructuous with liberty to file afresh petition bringing the new facts on record. However, the choice lies with the appellant.

The order of the Deputy Commissioner, South Andaman District having already been implemented, no interim order or any order of injunction or stay can be passed at this stage as the new facts are not before us. However, we dispose of the appeal directing the appropriate authority of the respondents to give a copy of the order implementing the impugned order passed by Hon'ble Single Judge within a period of two weeks hence to the appellant or his counsel. With the aforesaid observations, the appeal, being MAT/12/2023, is disposed of.

( Chitta Ranjan Dash, J.) ( Md. Nizamuddin, J. )