V.K.M.Mohammed Miskin v. The Andaman And Nicobar Administration And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/326/2024 Shri V.K.M Mohammed Miskin ... Petitioner Vs.
The Andaman & Nicobar Administration and Ors. ... Respondents Mr. Arul Prasanth ...for the Petitioner Ms. Babita Das ...for the Respondent nos.1 & 2 Mr. Rakesh Kumar ...for the Respondent nos.3 Mr. C. Mano ...for the Respondent no.4 (On behalf of Mr. K.M.B. Jayapal) September 27, 2024 (M.A.Mobin) Item No.13 The instant writ application is filed by the petitioner with a prayer for quashing the order passed by the Tehsildar dated 10.4.2024.
It is said by the petitioner that the petitioner encroached an area measuring 103 sq.mtrs. belonging to the revenue department and was running a small hotelcum-tea shop since for more than 20 years there on. The private respondent lodged the complaint to the Tehsildar, Port Blair and on the basis of the complaint lodged by him dated 26.7.2018 an eviction order was passed against the petitioner. The order passed by the Tehsildar was challenged before the Sub-Divisional Officer
and after hearing the respective parties an order was passed on 02.8.2019 in the following:
"Whereas after examining the records and submissions made by the parties, there is no clarity over the period of occupation by the appellant over the subject land so the objection raised by the appellant with reference to his occupation over the subject land cannot be considered to form a considered view to decide the matter Hence Tehsildar, Port Blair is directed to rehear by considering all the facts of this hearing by issuing prior notices to appellant and respondent."
After remanding, the matter was kept pending for long by the Tehsildar and thereafter a writ application being WPA/124/2024 was filed before this Court by the petitioner and the Court directed the Tehsildar, Port Blair Tehsil to dispose the application within 03 weeks from the date of passing of the order i.e. 08.2.2024. It is said that the Tehsildar, Port Blair Tehsil without giving any opportunity of hearing to the petitioner passed order of demolition without giving any opportunity of hearing to the petitioner. No notice was served upon the petitioner. The order of demolition was passed on 10.4.2024.
At the time of hearing the attention of this court is drawn to the letter sent by the Tehsildar, Port Blair Tehsil addressing to the Station House Officer dated 18.3.2024. In terms of the order passed by this Court case record being R.C. Case No. 1812/2018/TPB is produced before this Court today.
Learned Counsel appearing on behalf of the respondent nos. 1 and 2 submits before this Court inter
alia that the due notice was served upon the petitioner before passing order of Tehsildar dated 10.4.2024. An opportunity of hearing was given to the petitioner which will be revealed from the record produced before this Court today. But it is apparent from the materials on record that no notice was served upon the petitioner before passing the impugned order dated 10.4.2024.
Learned Counsel appearing for the respondent nos. 1 and 2 fails to substantiate her submission by producing any document that notice was duly served upon the petitioner before passing order of demolition. Accordingly, I find that there is no merit in the submission as advanced by the learned Counsel on behalf of the respondent nos. 1 and 2.
It appears from the materials on record that the Tehsildar passed the impugned order without giving any opportunity of hearing to the petitioner and as such the order passed by the Tehsildar dated 10.4.2024 does not stand under the eye of law and accordingly, the order passed by the Tehsildar dated 10.4.2024 is hereby set aside.
Respondent no. 2 is hereby directed to dispose of the application filed by the private respondent no. 4 within 08 weeks from this date after giving opportunity of hearing to the parties before passing any order in connection with the application.
The respondent no. 2 is also directed to pass a reasoned order and communicate the same passed by it over the application made by the respondent no.4 to the parties concerned immediately thereafter.
Liberty is hereby given to the parties to produce the document in support of their contention before the Tehsildar, Port Blair Tehsil.
Respondent no. 2 is further directed to consider the report submitted by the Tehsildar, Port Blair Tehsil. Thus, this writ petition is allowed.
Parties are to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.
(Prasenjit Biswas, J.)