Raj Govind Lall v. The Andaman And Nicobar Administration And Others
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/419/2022 Raj Govind Lall ... Petitioner Vs.
The Andaman and Nicobar Administration and others ... Respondents Mr. KMB Jayapal ...for the Petitioners Mr Shatadru Chakraborty Mr. Ramendu Agarwal ...for the Administration Mr. N.A.Khan ... for the pvt. Respondent December,13 2022 [SR] Item No.6 The petitioner is aggrieved by an order dated 5th August 2022 passed by Tehsildar, Ferrargunj mutating certain lands in favour of the private respondents notwithstanding the petitioner's objection.
Admittedly, a civil suit being Title Suit No. 6 of 2022 (Shri Raj Govind Lall and another vs. Shri Jag Jeevan Lall and others) for partition is pending before the learned Civil Judge Junior Division-II, Port Blair. The petitioners and the respondents are family members.
The Tehsildar appears to have been notified of the pendency of the civil suit.
Since there is no order of restraint on the Tehsildar from passing order, mutation of land has been effected in favour of the private respondents and the writ petitioner. Given the fact that the civil suit is pending with regard to mutual entitlement of the property, this Court is of the view that the order of the Tehisldar dated 5th August, 2022 shall abide by the result of the T.S.No.6 of 2022. The writ petitioner shall, however, be entitled to apply before the learned Civil Judge for seeking interim relief and/or restraint on the order of mutation passed by the Tehsildar.
The Civil Judge shall thereupon, uninfluenced by any of the observations made hereinabove, independently decide after hearing all necessary parties as to whether the order of mutation should continue any further particularly during the pendency of the suit.
WPA/419/2022 stands disposed of with the above observation.
There shall be no order as to costs.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
( Rajasekhar Mantha, J. )