C.Palaniappan v. The Tehsildar And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/273/2025 C. Palaniappan Vs.

The Tehsildar and Another Mr. Arul Prasanth ... for the petitioner Ms. Babita Das ... for the respondent No. 1 Mr. KMB Jayapal ... for the respondent No. 2 June 17, 2025 [AKB] Item No.7 This writ petition is filed for quashing of the impugned order dated 13th June, 2025 passed in RC No. 2300 of 2022/TPB by the respondent No. 1, Tehsildar, Sri Vijaya Puram Tehsil, Sri Vijaya Puram.

Mr. Arul Prasanth, learned advocate appearing for the petitioner submits that challenging the earlier order dated 11.02.2023 passed by Tehsildar in RC No. 2300 of 2022/TPB for eviction, an appeal was preferred before the appellate authority being FRA No. 02/2023/SDO. The said appeal has been disposed of by the Sub-Divisional Officer, South Andaman on 10th June, 2025 directing the Tehsildar to execute the order dated 11.02.2023 passed in RC No. 2300/2022/TPB within a period of three days. He submits that his client intends to prefer an appeal against the order passed by the Sub Divisional Officer before the appropriate authority. He also indicates that the land under survey No. 103 in respect of which the impugned order has been passed is a house site and not a road as has been mentioned in the said order of the Tehsildar.

He seeks that the writ petition be disposed of granting liberty to the petitioner to file appeal against the order of SubDivisional Officer dated 10th June, 2025 and till such period an interim protection be provided to the petitioner. To buttress his contention he relies on the decision of this Court in Shri Shyam Lall and others versus The Secretary Revenue and others in WPA/223/2025. He files a copy of order dated 10th June, 2025 which is taken on record.

Mr. KMB Jayapal, learned advocate appearing for the respondent no. 2 submits that the petitioner has encroached upon public land as well as the land of respondent no.2 under survey

No. 41/1 situated at Lamba Line village, Port Blair Tehsil, South Andaman District. Therefore, the order passed by the Tehsildar for removal of such encroachment is within the ambit and scope of the Section 104 of Andaman & Nicobar Islands Land Revenue and Land Reforms Regulations, 1966. Civil suits have been filed by the petitioner as well as his client and both the suits are pending before the Civil Court. The petitioner cannot proceed with illegal activities of unauthorized occupation on one hand and also seek protection before the Court on the other. Petitioner may have a right to file appeal, but he is not entitled to any interim orders. Ms. Babita Das, learned advocate appearing for the respondent No. 1 Tehsildar, submits that the part of the land under Survey No. 103 is road. She also submits that the petitioner has encroached upon public land which is effecting the public at large and therefore no interim order should be granted in favour of the petitioner. She files certified copy of such recording which is taken on record.

Upon hearing learned advocates for the respective parties, it is found that the order of the Sub Divisional Officer is an appellable order.

Bearing in mind the aforesaid, liberty is granted to the petitioner to file appeal against the order dated 10th June, 2025 passed by the Sub Divisional Officer in FRA No. 02/2023/SDO within the statutory period of sixty days from date of such order before the appropriate authority, which if filed be considered in accordance with law and as expeditiously as possible. Till such period no coercive action be taken against the petitioner in respect of the order of the Sub-Divisional Officer dated 10th June, 2025.

It is clarified that this Court has not gone into the merits of the application.

Since no affidavit has been called for, the allegations made in the writ petition are deemed to be not admitted. With the aforesaid observation the instant writ petitioner being WPA/273/2025 is disposed of.

All connected application, if any, stand disposed of. Urgent Photostat certified copy of this order if applied for be supplied to the parties upon compliance of all necessary formalities.

( Bivas Pattanayak, J. )