Manik Sen v. The Deputy Commissioner And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/422/2024 Shri Manik Sen ... Petitioner Vs.

The Deputy Commissioner and Ors.

... Respondents Mr. Alisham Venkatesh ...for the Petitioner Ms. Babita Das ...for the Respondents August 09, 2024 (M.A.Mobin) Item No.4 The instant Writ Petition is filed in view of inaction on the part of the Administration to respond to the representation of the petitioner dated 29.2.2024 as well as the representation dated 02.7.2024.

In terms of the original representation the Assistant Settlement Officer of the South Andaman District was requested to issue Re-Survey Report in respect of the landed property bearing Survey no. 38/26 area measuring about 0.0200 Hects House Site situated at Dhanikhari village under Ferrargunj Tehsil, South Andaman District. Learned Counsel for the petitioner submitted that absence of this report disables him to execute a registered deed of conveyance.

Ms. Das, learned Counsel for the Administration, submitted that re-survey in Ferrargunj Tehsil is still going on and not completed as yet.

On hearing both the parties and perusal of the application along with annexures, the Writ Petition is disposed of with a direction to the Respondents in particular Respondent no.2 to furnish re-survey report within 20th September, 2024 to the Petitioner; in case the same could be done within the same date, the Tehsildar shall issue fresh valuation certificate as well as "no dues/no encumbrance" certificate to the Petitioner. Since no Affidavit-in-Opposition has been filed, the contention of the Writ Petition shall not be deemed to be 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.)