P.Kalimuthu v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/325/2022 P. Kalimuthu ... Petitioner Vs.

The Andaman & Nicobar Administration And others.

... Respondents Mr. G. Mini ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents August 18, 2022 [SR] Item No.13 The petitioner is aggrieved by an order dated 15th July, 2021 by which the petitioner was directed to vacate the excess land by the Tehsildar, Port Blair. The petitioner was also threatened with eviction in the event the petitioner fails to vacate the excess land.

It appears from the documents on record that by an order dated 15th December, 2010, on a writ petition filed by the petitioner, the respondent no.2 was directed to verify the veracity of the licensed land belong to the petitioner and take consequential steps thereto. The petitioner had prayed for determination and acceptance of the premium in respect of the licensed land in the writ petition. The petitioner thereafter sent at least three representations accompanied with affidavits on various dates from 31st May, 2011 to 9th November, 2020 to the Deputy Commissioner, South Andaman District for accepting the premium for the land licensed to the petitioner. Admittedly none of the representations were considered by the

Deputy Commissioner and the impugned order was passed on 15th July, 2021 without considering the case sought to be made out by the petitioner.

The orders also do not indicate whether the respondents have complied with the direction passed by the learned Judge of this Court as his Lordship then was, on 15th December, 2010. The finding that the petitioner is in illegal possession and is seeking to retain encroached land is not supported by the facts stated in the impugned order.

WPA/325/2022 is accordingly disposed of by setting aside the impugned order dated 15th July, 2021 and directing the respondents to consider the representation made by the petitioner together with the affidavits within a period of four weeks from date. The respondents shall also comply with the direction passed by the Court by 15th December, 2010 and furnish a copy of the reasoned order to the petitioner within a period of one week from such reasoned order is passed. The entire exercise shall be completed within six weeks from today.

( Moushumi Bhattacharya, J.)