Probir Kumar Das v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** MAT/37/2024 Probir Kumar Das Vs.

The Andaman and Nicobar Administration and others Mr. KMB Jayapal ... for the appellant Ms. Babita Das ... for the Administration Ms.Shipra Mondal ... for the private respondent September 26, 2024 [SR] Item No.14 The grievance of the appellant is directed against an order dated 24 June, 2024 dismissing the writ petition on the ground that the petitioner ought to have taken all points pending in a connected appeal before the Appellate Authority.

Briefly the petitioner's father expired on 5 April 2023 leaving behind his wife i.e the respondent no.3 and three daughters and the petitioner herein. During his lifetime, it is alleged that the petitioner's father had executed a will dated 21st February 2013 bequeathing his assets in favour of the petitioner. On behalf of the respondent no. 3, it is also alleged that, there is a second will executed in favour of the respondent no.3. Pursuant to the relevant provisions of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, the petitioner had lodged the will before the Tehsildar. Correspondingly, the respondent no.3 also lodged a second will before the Tehsildar.

By an order dated 20th February 2024, the Tehsildar had interalia directed that all the parties take probate of the will in accordance with law.

Being aggrieved by the said order, the petitioner has preferred this writ petition, inter alia, on the ground that the Tehsildar had no jurisdiction to direct the parties obtain probate of their respective wills. Similarly, the respondent no.3 had also filed an appeal before the Sub Divisional Officer, challenging the order passed by the Tehsildar. During the course of hearing of this appeal, the appellant and the respondent no.3 fairly submit that in any view of the disputes the

alleged two wills of Late Gopal Chandra Das, ought to ultimately adjudicated by the Civil Court in a duly constituted suit in accordance with law.

In view of the above submissions made on behalf of the parties, the impugned order dated 24 June, 2024 dismissing the writ petition is set aside. The parties are at liberty to initiate appropriate proceedings before the competent Civil Court in accordance with law. With the above directions, MAT/37/2024 stands disposed of. In view of the above directions, the respondent no.3 undertake to take necessary steps for withdrawal of the pending appeal before the Revenue Authority.

( Ravi Krishan Kapur, J. ) ( Prasenjit Biswas, J.)