Smti. Amiya Bagchi v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/293/2025 Smti Amiya Bagchi Vs.

The Andaman and Nicobar Administration and others Ms. G. Mini ... for the petitioner Ms. Babita Das ...f or the respondent nos. 1& 2 Mr. Rakesh Kumar ... for the respondent no.3 07.07.2025 [SR] Item No.13 The petitioner has lodged a complaint against respondent no. 3, alleging unauthorized construction on a plot of land claimed to be owned by her. The petitioner asserts ownership of land bearing Survey No. 132/2/2, measuring an area of 300 sq. meters, situated at School Line Village.

Pursuant to the complaint filed by the petitioner, the Tehsildar, Sri Vijaya Puram, issued a direction to respondent no. 3 to halt all activities on the subject land until demarcation of Survey Nos. 132/2/1, and 132/2/2-measuring an area of 300 sq. meters and claimed to be owned by Naseema Bibi-was carried out.

Mr. Rakesh Kumar, learned advocate appearing for respondent no. 3, however, contends that his client is the rightful owner of Survey No. 132/2/2.

It appears that the initial stay order was subsequently vacated by the Tehsildar, Sri Vijaya Puram, by an order dated June 12, 2025, based on a field inspection report which

concluded that the construction was being carried out on land recorded in favour of respondent no. 3.

Learned counsel for the petitioner submits that the order vacating the stay, dated June 12, 2025, ought not to have been passed.

In my view, since the initial stay order dated May 22, 2025, was granted specifically until demarcation of Survey Nos. 132/2/1 and 132/2/2, the stay ought not to have been vacated prior to the completion of such demarcation.

It is noted that the petitioner has submitted a representation dated June 20, 2025, before the Tehsildar, Sri Vijaya Puram, requesting demarcation of the land in question. Accordingly, this writ petition is disposed of with a direction to respondent no. 2 to consider the petitioner's representation dated June 20, 2025, in accordance with law and to carry out the demarcation of the lands, after giving due notice to all concerned parties, within a period of two months from the date of this order.

Until such demarcation is completed, respondent no. 3 shall not undertake any further construction on the plots in question.

Accordingly, WPA/293/2025 stands disposed of. ( Kausik Chanda, J. )