Mohammed Ebrahim Jadwet And Another v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/416/2022 Mohammed Ebrahim Jadwet and another ... Petitioners Vs.

The Andaman & Nicobar Administration and others ... Respondents Mr. Mohammed Tabraiz ... for the Petitioners Mr. Shatadru Chakraborty .... for the Respondents September 21, 2022 [MAM] Item No.21 The land in question, owned by the petitioners, was converted from house site to commercial site by the Administration on 22nd May, 2018 by an order of SubDivisional Officer, South Andaman District. The petitioners, thereafter, wanted to sell the land. The permission was declined by the authority citing the amended rule of 17th January, 2018 namely, the Andaman & Nicobar Islands Land Revenue and Land Reforms Rules, 1968 which prohibited transfer of such converted land within 10 years from the date of conversion.

The petitioners, however, renewed their prayer before the authority by a representation dated 5th July, 2022 which is appearing at page 36 of this writ petition. The petitioners have suggested that they are willing to sell the land after reverting back the status of the land from commercial site to its previous classification as house site.

It is the grievance of the petitioners that such representation has not yet been disposed of by the authority.

There is no justification to keep this writ petition pending.

Accordingly, WPA No.416/2022 is disposed of with a direction upon the respondent No. 3 to take a decision on the representation made by the petitioners which is appearing at page 36 of the writ petition within one month from the date of communication of this order. The reasoned decision shall be communicated to the petitioners within one week thereafter.

Since no affidavit-in-opposition has been used by the Administration, the allegations are deemed to be denied by them.

(Kausik Chanda, J.)