Shri Silvester Tete And ORS. v. The Principal Secretary (Revenue)

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/332/2022 Shri Silvester Tete and Others ... Petitioners Vs.

The Principal Secretary (Revenue) ... Respondent Mrs.Anjili Nag ... for the petitioner Mr. S.Chakraborty Mr. Ramendu Agarwal ...

for the respondent August 22, 2022 [SR] Item No.9 The only relief sought for by the petitioners is for a direction on the respondent to dispose of an appeal filed by the petitioners within a certain time frame. The appeal was filed by the petitioners as a revenue appeal on 17th May, 2019 against an order of the Sub Divisional Officer, South Andaman dated 12th November, 2018 by which the petitioners' application for diversion of land was rejected. Learned counsel appearing for the Administration submits that the appeal was filed beyond the statutory time frame, namely Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966 and that the petitioners have approached this Court after three years from the date of filing of the appeal.

Upon hearing learned counsel for the parties, this Court is of the view that whatsoever be the merits of the dispute, the Administration has no conceivable excuse for sitting on the appeal for more than three years. The fact that the petitioners have approached the Writ Court after three years is not the ground to refuse the relief prayed for. Admittedly, the petitioners have also filed an application for condonation of delay before the Administration.

WPA/332/2022 is accordingly disposed of with a direction on the respondent to dispose of the revenue appeal filed by the petitioners in 2019 within a period of six weeks from today.

The usual formalities of representation and service shall be complied with. ( Moushumi Bhattacharya, J.)