Smti.Ruksana Khatoon v. The Andaman And Nicobar Administration And ANR
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] *** WPA/382/2025 Smt. Ruksana Khatoon Vs The Andaman and Nicobar Administration and another Mr. Lokesh Chezian N.
for the petitioner Mr. V.D.Sivabalan Mr. Arun S. Kumar ... for the respondents August 06, 2025 [AKB] Item No.13 Instant writ application has been filed by a citizen. It has been submitted by the learned advocate for the petitioner that the father of the petitioner was a recorded tenant in respect of land bearing Survey No. 14/1/1, 29, 34 measuring an area of 0.6192 hects., 2.55 hects, 0.68 hects, respectively, situated at Danapur village under Mayabunder Tehsil. The father of the petitioner namely one Dost Mohammed expire on May 29, 2010. After his demise the properties were duly mutated in the name of petitioner and seven others legal heirs of Dost Mohammed. The petitioners further submits that writ petitioner and other co-owners brought a Title suit in respect of the suit property being Title suit No. 3 of 2022.
In such Title suit preliminary decree was passed and share of all the co-sharers including the writ petitioner were declared. In terms of the direction in the preliminary decree, the joint owners partitioned the property in dispute by metes and bounds amicably in terms of preliminary decree.
authorities for finalization. It is further submitted by the petitioner that one of the sisters of the writ petitioner namely late Jannat Bibi expired leaving behind the petitioner as her legal heir. However, one Shri. Rattan Paul applied for mutation of his name in respect of the properties left by late Jannat Bibi. The authorities are yet to decide to such applications for mutation. The writ petitioner being legal heir of late Jannat Bibi also applied for mutation of the share of said deceased Jannat Bibi in her favour. Such rival claim for mutation in respect of the share of late Jannat Bibi is yet to be decided by the authorities.
Learned advocate for the respondents submits that proceeding in respect of the disposal of the applications for mutation of the share in the landed properties of late Jannat Bibi has been initiated. Notices have been issued to all the respective parties.
In view of the above contention made on behalf of the parties and considering materials on record, it would be appropriate to dispose of the instant writ application by directing the respondent authorities more specifically respondent No.2 to dispose of the applications in respects of mutation of the share belonging to late Jannat Bibi in accordance with law within a period of two months from the date of communication of this order.
In doing so, the respondent No.2 shall provide the writ petitioner an opportunity of being heard. In addition,
respondent No.2 shall be at liberty to hear such other party or consult such other document as it deems fit.
WPA/382/2025 is disposed of accordingly.
Since no affidavits were called for, allegations contained in the writ petition are deemed to have been denied. (Md. Shabbar Rashidi, J.)