Bhajan Lall And ORS. v. The Deputy Commissioner And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/437/2024 Bhajan Lall and Others Vs.

The Deputy Commissioner and Others Mrs. Anjili Nag, Sr. Adv.

Mr. Vishal Kumar Biswas .... for the petitioners Ms. Babita Das ... for the Administration Mr. K. M. B. Jayapal ... for the pvt. respondent March 21, 2025 [SR] Item No.8 1.

In this writ petition, the petitioners have prayed for implementation of the eviction order passed in TFG/RC No.593/2024 dated 9th July, 2024 and TFG/RC/592/2024 dated 29th July, 2024.

2.

On the previous occasion, in view of the argument made by Mr.KMB Jayapal that the eviction orders are under challenge in the civil suit, the private respondent was directed to file an affidavit disclose the plaint and the orders passed in such proceeding.

3.

In the affidavit, the private respondent has disclosed the eviction order forming the subject matter of challenge in which the said orders were challenged. In view thereof, Mr. Jayapal is correct on the previous occasion that the petitioners cannot seek implementation of the eviction order dated 9th July, 2024. 4.

The learned advocate appearing on behalf of the Tehsildar has submitted that the eviction being passed in TFG/RC no./593/2024 is not under challenge in the civil suit.

5.

The eviction order in TFG/R NO.593/2024 is in violation of Regulation 104 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 in respect of survey no.1/20 whereas the order under challenge in the civil court was in respect of government land over which it is alleged that the private respondent is in unauthorized and illegal occupation.

6.

In view of the fact that the order dated 9th July, 2024 insofar as the eviction order in exercise of Regulation 104 of the Regulation 1966 is not under challenge in civil proceeding and the respondent is enable to show any order by which the Tehsildar was restrained from implementing the said order, I direct the Tehsildar to implement the eviction order passed in TFG/RC No.593/2024 dated 9th July, 2024 in accordance with law within a period of three weeks from the date communication of this order.

7.

The writ petition stands disposed of. However, there shall be no order as to costs.

( Soumen Sen, J. )