Shri.C.Raju v. The Andaman And Nicobar Administration

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/272/2024 Shri C.Raju Vs.

The Andaman and Nicobar Administration and others Mr. K.Vijay Kumar ... for the petitioner Ms. Babita Das ... for the respondents June 20, 2024 [SR] Item No.16 The petitioner is aggrieved by an order dated July 22, 2013 whereby the petitioner's application for correction of name of his father in the licence granted in respect of the subject property was dismissed. By placing reliance on a report obtained from the Tehsildar, Port Blair, the Deputy Commissioner, South Andaman proceeded to hold that the application of the petitioner could not be allowed. It is contended by the petitioner that no copy of the report was given to the petitioner.

Heard learned counsel for the parties.

It transpires from the impugned order that the petitioner did not have any opportunity to address the contents of the report of the Tahsildar, since no copy of the same was handed over to him.

Further, the petitioner seeks to rely on several documents in respect of which a hearing ought to be given to the petitioner. In view of the above, it is desirable that a fresh hearing and an opportunity to produce further documents, if any, be given to the petitioner.

Accordingly, WPA/272/2024 is allowed on contest, thereby setting aside the order dated July 22, 2013 passed by the Deputy Commissioner, South Andaman rejecting the petitioner's application for correction of his father's name in the licence granted in respect of the subject property and directing the Deputy Commissioner, to give a fresh hearing to the parties. The Deputy Commissioner, before proceeding further in the matter, shall ensure that copies of the documents relied on by the Commissioner, including the report filed by the Tahsildar, Port Blair be handed over to the petitioner in order to enable the petitioner to deal with the same and further opportunity be given to the petitioner to furnish the documents in support of his application, copies of which shall also be handed over by the petitioner to the respondent authorities prior to the hearing being conducted.

It is expected that such fresh hearing shall be concluded as expeditiously as possible, preferably within eight weeks from date and a reasoned order be passed thereon therafter. The Deputy Commissioner, while doing so, shall not be influenced by any of the observations made in the impugned order and/or in the order of this Court.

No order as to costs.

Urgent certified server copies, if applied for, be issued to the parties upon compliance of due formalities. ( Sabyasachi Bhattacharyya, J. )