S.Ravi v. The Deputy Commissioner

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/356/2022 S.Ravi ... Petitioner Vs.

The Deputy Commissioner ... Respondent Mr. Alisham Venkatesh ... for the petitioner Mr. V.D.Sivabalan ... for the respondent August 26, 2022 [AKB] Item No.5 The matter is taken up for final hearing on the consent of both the parties. Since the affidavit in opposition have not been called for, the allegations made in the petition are deemed not to have been admitted.

The present writ application has been preferred against the acts of omission and commission on the part of the respondent authorities, in not considering the representations dated 19.02.1988, 24.10.2001 and 19.07.2022 relating to regularization of encroached government revenue landed property of the writ petitioner. The petitioner contended that the petitioner encroached a piece of government revenue land in the year 1974 and during the enquiry by the area Patwari the then Patwari concerned had recorded in the encroachment register that the writ petitioner had encroached a piece of government revenue land bearing survey No.

10/P measuring an area 1.00 hectare situated at Manjery village under Ferrargunj Tehsil, South Andaman.

The writ petitioner had submitted written application on 19.02.1984 to the office of the respondent herein with a prayer for regularization of the encroached government revenue land. Writ petitioner had also constructed a house for his dwelling purpose alongwith his family members and applied for electricity connection and water connection in

the above mentioned encroached land and on the basis of the application of the writ petitioner, electricity connection and water connection was granted in favour of the writ petitioner.

On 24.10.2001 the writ petitioner submitted another representation with a prayer that his neighbours who has encroached along with him, they have been issued with the license, but the writ petitioner till date had not been issued with the license in terms of the scheme formulated by the Andaman and Nicobar Administration for regularization of the encroached land prior to the year 1978.

The writ petitioner on 19.07.2022 through speed post has submitted another representation with a prayer for regularization of the encroached government revenue land but the writ petitioner till date had not been issued with the license in terms of the scheme formulated by the Administration for regularization of the encroached land nor the respondent have responded to either of the three representations as mentioned above.

Mr. Venkatesh on behalf of the petitioner submits that the respondents cannot sit tight over the matter leaving the petitioner in a state of shock and dismay without disposing the representations, filed by the writ petitioner in connection with the aforesaid encroached government revenue landed property.

Mr.

V.D.Sivabalan appearing on behalf the respondents submits that the prayer made by the petitioner is hopelessly barred by limitation and also not maintainable as per regulation.

Having considered the aforesaid facts and circumstances of the case the respondent is hereby directed to dispose of the petitioner's representations dated 19.02.1988, 24.10.2001 and 19.07.2022 within a period of three weeks from the date of communication of the order. Be it mentioned that the points relating to limitation and all other points agitated before this Court shall be kept open for decision before the respondent authority at the time of disposal of the aforesaid representations. The disposal of representations shall be made after hearing the petitioner and also after considering the documents that will be placed before the authority at the time of hearing. The Respondent shall communicate the fate of representation to the petitioner within a week thereafter.

The writ petition being WPA/356/2022 is accordingly disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, shall be supplied to the parties upon compliance of all formalities.

(Ajoy Kumar Mukherjee, J.)