Smti Manju Rani Debnath v. The Lt.Governor

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/261/2024 Smti. Manju Rani Debnath Vs.

The Lieutenant Governor Mr. Ananda Halder .... for the petitioner Ms. Babita Das ... for the respondents January 30, 2025 [SR] Item no. 38 1.

The writ petition is heard in presence of the learned advocates representing the petitioner and the respondents. 2.

Learned advocate for the petitioner submits that his prayer for grant of licence in connection with a land under survey No.69/3, measuring 0.70 hectares situates at Neil Kendra Village, Shaheed Dweep, South Andaman, is required to be accorded in terms of regularization scheme of 1987. 3.

It is further submitted that an application was made on 27th March, 2024 before the Deputy Commissioner, South Andaman, being respondent no.3 and till date, the same is kept pending.

4.

It is contended that the petitioner is having possession of the land in question for a considerable period of time which needs to be taken into consideration while taking decision in granting licence in her favour.

5.

Respondents are represented by Ms. Das, who submits that till date, no formal decision has been taken on the prayer of the petitioner seeking grant of licence in connection with the aforesaid land.

6.

Having considered the submissions made on behalf of the petitioner, the writ petition stands disposed of directing the Deputy Commissioner, South Andaman, being respondent no.3, to decide the entitlement of the petitioner to get licence in connection with the land as stipulated above in terms of the extant regularisation scheme by twelve weeks from the date of communication of this order.

7.

Respondent no.3 is required to pass a reasoned order after granting an opportunity of hearing to the petitioner or her representative. The decision to be taken by the respondent no.3 shall be communicated to the petitioner by ten days. 8.

It needs to be recorded in the event the application seeking grant of licence as made by the petitioner is allowed, consequential steps shall be taken for settling the land in favour of the petitioner.

9.

Urgent certified copy of this order, if applied for, be supplied to the learned advocate appearing for the parties upon compliance of usual formalities.

( Saugata Bhattacharyya, J. )