Shobha Rani Das And ORS. v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/348/2024 Shobha Rani Das and others Vs The Andaman and Nicobar Administration and others Mr. Lokesh Chezian ... for the petitioners Ms.Babita Das ... for the Administration Ms.G.Mini ... for the private respondent Nos.5,6,9,10,11,12 August 7, 2024 [SR] Item No.22 The writ petitioners have challenged orders dated April 03, 2024 and April 24, 2024 passed by the Tehsildar, Ferrargunj, South Andaman, granting mutation of a property in favour of the private respondents.

Learned advocates for some of the private respondents as well as the Administration say that the petitioners have challenged the concerned Will by way of a civil suit. The Will is the basis of the orders of the Tehsildar. Therefore, in effect, the same reliefs have been claimed by the writ petitioners in the civil suit. Hence, this writ petition should not be entertained.

I am not inclined to go into the merits of the case. The mutation has been granted on the basis of a Will. The writ petitioners have challenged the authenticity of that Will in a civil suit which is pending. If the writ petitioners succeed in the suit, the legal consequences will follow. In other words, although I do not disturb the mutation granted in favour of the private respondents, the same will abide by the result of the civil suit.

Since I have not called for affidavits, the allegations in the writ petition are deemed not to be admitted by the respondents. WPA/348/2024 is disposed of accordingly.

( Arijit Banerjee, J.)