Baby Mathew v. The Andaman And Nicobar Administration And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/412/2024 Shri Baby Mathew ... Petitioner Vs.
The Andaman & Nicobar Administration and Ors. ... Respondents Ms. G. Mini ...for the Petitioner Ms. Babita Das ...for the Respondents August 07, 2024 (M.A.Mobin) Item No.9 The grievance of the Writ Petitioner is inaction on the part of the authority concerned for not sub-dividing the land contained in Survey No.250 measuring an area of 3.06 Hects. situated at Bimblitan Village under Port Blair Tehsil, District-South Andaman.
It is contained in the Writ Petition that the Assistant Commissioner, South Andaman, has received file from the Patwari along with report and initiated a proceeding being AC(SA) RC No.297/14 in the month of November, 2014. It is averred that the petitioner attended the hearing but no formal order of sub-division has yet been passed by the Deputy Commissioner.
The learned Counsel appearing for the petitioner submitted that procrastination in filing sub-division has caused damage and detriment to the petitioner.
It is submitted further that necessary directions may be passed to the authorities for passing necessary orders in this regard.
The learned Counsel appearing for the Respondents submitted that the process is on the verge of completion and in fact proposal of sub-division has already been approved in the month of November, 2014. The learned Counsel referred to Page 25 of the Annexure in this regard. The instant Writ Petition is disposed of giving a direction to the Deputy Commissioner viz. the Respondent no.2 to pass final order of sub-division of the plot of landin-question in AI (SA) RC No.297/14, if not done and shall communicate the order to the Writ Petitioner preferably within a period of two months.
Since Affidavit-in-Opposition has not been filed by the Respondents, contentions in the Writ Petition stand not admitted by the Respondents.
Parties are to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.
(Sugato Majumdar, J.)