M/S Siddhartha Resort And Foods Pvt. Ltd. v. Smti.Sumitra Mondal And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/50/2025 M/s. Siddhartha Resort and Foods Pvt. Ltd.

Vs.

Smti. Sumitra Mondal and Others Ms. G. Mini ... for the petitioner Mr. Ananda Halder ... for the respondent nos.1 to 4 Mr. V.D.Sivabalan ... for the respondent nos.5 to 7 September 04, 2025 [SR] Item No.5 This revisional application under Article 227 of the Constitution of India at the instance of the defendant no.6 in a suit for declaration and perpetual injunction and is directed against the order No.19 dated July 10, 2025 passed by the learned Civil Judge Senior Division, South Andaman Port Blair in the said suit being Other Suit No.79 of 2022. The learned Trial Judge by the order impugned has dismissed an application filed by the petitioner to decide the maintainability of the said suit.

The petitioner in the said application has contended, inter alia, that the sketch map which is the subject matter of challenge in the suit was prepared in terms of an order passed by the Assistant Commissioner (Settlement), Andaman and Nicobar Islands at Port Blair, the defendant no.4 in a proceeding under Regulation 51 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, the said order is open to appeal before the Settlement Commissioner under Regulation 28(e) thereof. Besides, in terms of Regulation 204 of the said Regulation,1966, the civil Court

has no jurisdiction to entertain a suit challenging the said order.

The learned Trial Judge has dismissed the said application holding that the petitioner has decided to contest the suit by filing written statement. The learned Trial Judge has not considered the scope of the aforementioned provisions of the said Regulation of 1966 and effect of those provisions on the maintainability of the suit.

The issue since has been raised in the written statement and an issue of law, the learned Trial Judge is obliged to decide the same as a preliminary issue.

To facilitate a decision on such preliminary issue, the order impugned is set aside.

The learned Trial Judge is directed to frame a preliminary issue under 14 Rule 2 of the Code of Civil Procedure with regard to the maintainability of the suit and dispose of the same as expeditiously as possible within a period of eight weeks from the date of communication of this order.

It is made clear that this Court has not gone into the merit of the allegation of the petitioner, it is open to the learned Trial Judge to decide the said preliminary issue in accordance with law.

CO/50/2025 is disposed of with the above terms without any order as to costs.

Parties to act on the server copy of this order downloaded from the official website of this Court.

( Biswajit Basu, J. )