Smti.K.Ajitha v. The Andaman And Nicobar Administration And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/286/2025 Smti. K. Ajitha Vs.

The Andaman and Nicobar Administration and Another Ms. G. Mini .... for the petitioner June 20, 2025 [SR] Item No.6 Affidavit-of-Service filed on behalf of the petitioner is taken on the record. Despite service, no one appears on behalf of the respondents.

Learned Counsel appears on behalf of the petitioner submits as follows. The petitioner had made an online application on 22.02.2025 praying for demarcation of her land bearing Survey No. 93/3/5 comprising of area 0.02 hectares situated at Nayagaon village under Sri Vijaya Puram Tehsil, District of South Andaman. Thereafter, the authorities issued a notice dated 07.03.2025 asking the petitioner to be present at the spot as demarcation was to be done on 24.03.2025 at 11:00 AM. However the same was not done. Thereafter, it was indicated in the website in the remarks column that there was a court case pending with respect of the land and the same was needed to be verified from the legal cell before proceeding further issue of notice. Thereafter, a remark was published on the website asking to furnish details of the pending case on the same land. Surprisingly, thereafter, on 13.06.2025 all of a sudden it came in the website of the respondent authorities that the case was closed. This was done without hearing the

petitioner. Incidentally, according to information available with the petitioner there is no case pending in respect of such land. If an opportunity had been given to the petitioner to make a representation, such things would have been made clear. It appears that the prayer for demarcation of land belonging to the petitioner was closed without giving a proper opportunity of hearing.

Therefore, the intimation given by the respondent authorities that the matter was closed as on 13.06.2025 is set aside and the matter is remanded back to the respondent No. 2 for deciding the issue of demarcation afresh and in accordance with law as expeditiously as possible, preferably within six weeks from the date of communication of this order after granting a proper opportunity of hearing to the petitioner. It is clarified that merits of the case have not been gone into by this Court.

As the writ petition is being disposed of without calling for affidavits, the allegations leveled against the respondents shall be deemed to have been denied.

With the above observations and directions, the writ petition is disposed of.

Urgent certified copy of this order be supplied to the learned counsels for the parties upon compliance of usual formalities.

( Jay Sengupta, J. )