Dulal Krishna Mazumder And Another v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/355/2022 Dulal Krishna Mazumder and another ... Petitioners Vs.

The Tehsildar ... Respondent Mr. Ananda Halder ... for the petitioners Mr. V.D. Sivabalan ... for the respondent September 21, 2022 [AKB] Item No.12 The petitioners' father was the recorded tenant of plots of land bearing survey no. 169/1/4 comprising of the area of 0.1560 hectare, survey no. 169/2 measuring an area of 0.0400 hectare and survey no. 172/10 measuring an area of 0.1971 hectare situated at Govinda Nagar village, Swaraj Dweep under Port Blair Tehsil, South Andaman District. The petitioners say that their father by registered Will dated 17th February, 2020 bequeathed this properties to the petitioner and his brother. The petitioners have applied for mutation of the aforesaid plots. However, the competent authority despite of having received such application have neither allowed nor disallowed the request.

The petitioner, therefore, says that his representation dated 30th September, 2021 be disposed of at the earliest. Considering the submission made by the respective advocates and the materials on record, I find justice will be sub served if I direct the Tehsildar, Port Blair Tehsil, South Andaman District to dispose of the petitioner's complaint/representation dated 30th September, 2021 at the earliest.

The Tehsildar, Port Blair Tehsil, South Andaman District being the sole respondent in this application is directed to dispose of the petitioner's complaint/representation dated 30th September, 2021 along with the prayer for mutation by a reasoned order after affording the petitioner an opportunity of hearing within 30th November, 2022. The reasoned order that may be passed shall be immediately communicated to the petitioners. The respondent shall decide the issues involved in the petitioners'

complaint/representation independently

without being influenced in any manner by this order and it is made clear that I have not gone into the merits of the matter. Nothing further remains to adjudicated in this writ petition. The writ petition is accordingly disposed of. Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

(Arindam Mukherjee, J.)