Mallika v. Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/404/2022 Smt. Mallika ...

Petitioner Vs.

The Andaman and Nicobar Administration and others ...

Respondents Mr. Arul Prasanth ... for the petitioner Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ...for the respondents September 27, 2022 [MAM] Item No.3 The petitioner made an application for collection of premium in respect of land regularized under the "Regularization of Pre-1978 Encroachment policy". The same was rejected summarily by the relevant Tehsildar solely on the ground that the petitioner did not file the prescribed affidavit along with his application. Such rejection order dated May 29, 2015 is appearing at page 10 of this writ application.

The petitioner claims that a license had been granted under Section 146 of the Andaman & Nicobar Islands Land Revenue and Land Reforms Regulations, 1966 in favour of the husband of petitioner who died on 11th February, 1990. The petitioner contends that she duly enclosed the affidavit in the prescribed form along

with her application for acceptance of premium. Such contention is, however, denied by the respondents. I am of the opinion that since the husband of the petitioner was granted license in respect of the land in question, the respondents ought not to have rejected the application on the ground of non-filing affidavit in the prescribed form along with the application.

An opportunity should have been given to the petitioner to cure such defect, if any.

In view of the above, this writ petition is disposed of with a direction upon respondent No. 3 to consider the application of the petitioner for collection of premium in accordance with law. The petitioner will be at liberty to file an affidavit in the prescribed form before the said authority within a period of one week from the date of communication of this order. Upon such affidavit being filed, respondent no. 3 shall consider the application of the petitioner in accordance with law within a period of one month from the date of communication of this order. It is made clear that I have not gone into the merits of the application filed by the petitioner. The respondents shall consider the application of the petitioner without being influenced by any observations made in this order. WPA/404/2022 is accordingly disposed of.

(Kausik Chanda, J.)