Shri.D.Appa Rao v. The Deputy Commissioner

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/271/2024 Smt. D. Appa Rao ... Petitioner Vs.

The Deputy Commissioner and Another ... Respondents Mr. K. Vijay Kumar ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondents June 19, 2024 (M.A.Mobin) Item No.4 The present application relates to delay in disposal of the prayer made by the petitioner for mutation of her landed property in spite of direction made by this Court, while disposing WPA 57 of 2024 on January 18, 2024. It is contended by the Writ Petitioner that her mother executed a Will on 14th December, 2010 in favour of the Writ Petitioner, in respect of land bearing Survey Nos.15/1 and 16/1 at Aberdeen Village, South Andaman District. After the death of the Executant of the Will, the petitioner had submitted an application on 23rd March, 2021 before the Respondent No.2/Tehsildar, Port Blair Tehsil, for mutating her name in connection with aforesaid landed property, but the Respondent authority is sitting tight over

the matter without disposing the representation filed by the Writ Petitioner.

Being aggrieved, the Writ Petitioner earlier filed one Application being WPA 57 of 2024 before this Court and while disposing said application this Court directed the Tehsildar, Port Blair Tehsil to dispose of the application for mutation of the land within a period of three months from the date of communication of the order vide order dated January 18, 2024.

It is further submitted by the petitioner that in spite of passing a couple months, the petitioner still had not disposed of the aforesaid representation made by the petitioner.

Mr. Sivabalan, learned Counsel appearing on behalf of the respondents submits that the petitioner has already been directed to submit necessary documents in order to pass necessary orders and the matter is under process. In such view of the matter, the present Writ application being WPA No.271 of 2024 is hereby disposed of by directing the Respondent no.2, Tehsildar, Port Blair Tehsil, to dispose of the petitioner's application dated 23rd March, 2021 by a reasoned order in accordance with law within a period of eight weeks from the date of communication of the order.

It is to be mentioned that while disposing such application the concerned respondent shall give the petitioner and/or representative of the petitioner an

opportunity of being heard and shall also permit to file relevant documents in support of petitioner's claim. Since the Respondents were not asked to file affidavit, the allegations levelled against the Respondents herein shall be deemed to have not admitted by the Respondents.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Ajoy Kumar Mukherjee, J.)