Shri.Raja Padmakar Rao v. The Deputy Commissioner And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/355/2025 Shri Raja Padmakar Rao Vs.

The Deputy Commissioner and others Ms. A.S. Zinu ... for the petitioner Ms.Babita Das ... for the respondents August 2, 2025 [Manoj] Item No. 5 The petitioner has assailed the order passed by the Tehsildar, Sri Vijaya Puram under Regulation 104 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 on 25.07.2025 directing the petitioner to vacate/remove the unauthorised occupation over the government land.

Heard learned counsels for the parties.

Learned counsel for the respondent produces documents to show that the notice of hearing was received by the petitioner's mother.

Learned counsel for the petitioner submits that the petitioner's mother does not reside with the petitioner and has not communicated the notice to him.

I have considered rival submission of the parties and material on record.

It appears that that the order impugned does not bear the identification of the allegedly encroached portion of the plot. No

survey number or name of village has been recorded in the order.

The order was passed on the anvil of a report submitted by the Area Patwari Circle No.7 which records the Survey Number of the land belonging to the petitioner and also that hearing of both the parties may be conducted to resolve the dispute and the width of the road and its actual possession may be ascertained by the revenue surveyor.

There is nothing on record to suggest that such ascertainment was done by the revenue surveyor pursuant to the report. The order impugned has been passed only on the basis of such report which does not demonstrate the survey number of the disputed path or any encroachment made therein.

It is also seen that such report was prepared without granting reasonable opportunity of hearing to the parties. The petitioner was not granted an opportunity to defend his cause before the authority.

The order impugned dated 25.07.2025 being devoid of any legal basis whatsoever is required to be set aside. Accordingly, the application is allowed.

The order impugned dated 25.07.2025 passed by the Tehsildar, Sri Vijaya Puram is set aside. The respondent authorities are directed to deal with the complaint submitted by the private respondent afresh upon conducting enquiry/revenue survey with regard to the allegations made therein and granting reasonable opportunity of hearing to the parties/their representatives, in accordance with law.

Such notice be served upon the learned counsel for the parties also. after holding such inquiry, the Tehsildar shall deal with the issue upon granting reasonable opportunity of hearing to the parties/ their learned counsels, in accordance with law. The entire exercise should be completed within three months from the date of communication of the order.

Since no affidavit has been invited, the allegations made in the writ petition are deemed not to be admitted. Urgent photostat certified copy of the order, if applied for, be supplied to the parties, upon compliance of all necessary formalities.

( Suvra Ghosh, J.)