Michael Raj v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/410/2024 Michael Raj Vs The Andaman and Nicobar Administration and others Ms. G.Mini ... for the petitioner Ms. Babita Das ... for the respondents August 7, 2024 [SR] Item No.27 An order of the Tehsildar is under challenge in this writ petition. Learned advocate for the petitioner says that the impugned order is completely illegal. Although notice under Regulation 202(8) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 was served on the authority, yet, the Tehsildar, while demolishing certain impugned construction, damaged the property belonging to the petitioner's wife. Learned advocate for the Administration points out that the order of the Tehsildar is appellable under Regulation 28(1)(a) of the 1966 Regulation.

I see that learned advocate for the Administration is correct. Regulation 28(1)(a) is set out hereunder:

"28(1) Save as otherwise provided in this Regulation, an appeal shall; lie from every original order passed under this Regulation or the rules made thereunder (a) if such order is passed by any revenue officer sub-ordinate to the Sub-Divisional Officer, whether or not the officer passing the order is invested with the powers of the Deputy Commissioner, to the Sub-Divisional Officer;..." In view of availability of the alternate remedy of statutory appeal, I am not inclined to entertain this writ application.

Without going into the merits of the matter, I dismiss the writ application reserving liberty to the petitioner to approach the statutory appellate forum.

WPA/410/2024 is dismissed accordingly.

( Arijit Banerjee, J. )