Shri.Sajjan Hussain v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/38/2025 Shri Sajjan Hussain Vs.

The Andaman and Nicobar Administration and others Mr. KMB Jayapal ...

for the appellant Ms. Babita Das ...

for the respondents August 06, 2025 [SR] Item No.6 The appellant is aggrieved by the portion of the order passed by the learned Single Bench on July 08, 2025 directing the Tehsildar to render necessary assistance to the learned Special Officer in conducting an inspection as directed. The appellant accedes to the remaining portion of the order.

Heard learned counsels for the parties.

The operative portion of the order is required to be set out.

"Having regard to the controversy involved in the matter, I appoint Ms. Shipra Mandal, learned advocate of this Court, as Special Officer. The Special Officer, with the assistance of a qualified Surveyor, shall conduct an inspection in presence of all concerned to ascertain whether the petitioner has encroached upon any part of Survey No. 1069.

Let the inspection be conducted on 2nd August, 2025. No separate notice shall be issued by the Special Officer. The concerned Tehsildar or his representative shall remain present at the site and render necessary assistance to the learned Special Officer. The remuneration of the Special Officer is fixed at Rs. 35,000/-, to be paid by the petitioner."

The appellant has challenged an order passed by the Tehsildar, Sri Vijaya Puram on February 21, 2025 directing him to vacate or remove the unauthorized occupation upon government revenue land bearing Survey No.1069 at Junglighat Village.

The appellant complaints that the joint inspection was conducted without serving any prior notice to him and copy of the inspection report was also not served upon him. The learned Single Judge has appointed a Special Officer who shall conduct an inspection in presence of all concerned with the assistance of a qualified Surveyor. The Tehsildar or his representative shall remain present at the site and render necessary assistance to the learned Special Officer. In our considered view, rendering assistance to the Special Officer would indicate that the Tehsildar shall provide documents that may be asked for by the Special Officer to assist her in the inspection.

Such direction can, under no circumstances, be said to be detrimental to the interest of the appellant. Since the appellant has been permitted to remain present during inspection, he shall be at liberty to place his contention before the Special Officer at the relevant time and assistance of the Tehsildar shall not cause any prejudice to him.

In view of the above, this Court is inclined to hold that the appeal being MAT/38/2025 is devoid of merits and is liable to be dismissed.

Accordingly, the appeal is dismissed.

The order impugned passed by the learned Single Bench on July 08, 2025 is affirmed.

Since the date of inspection was fixed on 2nd August, 2025, the Special Officer is requested to fix another date for holding such inspection and serve notice upon all concerned including the appellant herein with regard to the same. The interim order granted earlier be extended till 31st August, 2025 or until further orders, whichever is earlier. Since no affidavit has been invited, the allegations made in the appeal are deemed not to be admitted.

Urgent certified website copies of this judgment, if applied for, be supplied to the parties expeditiously on compliance with the usual formalities.

( Suvra Ghosh, J.) ( Md. Shabbar Rashidi, J. )