R Mohan v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/403/2025 R. Mohan Vs.

The Andaman and Nicobar Administration and others Mr. C. Mano ... for the petitioner [on behalf of Mr.KMB Jayapal] Mr. Rakesh Kumar ... for the respondents November 3, 2025 [SR] Item No. 1 This is an application seeking consideration of the petitioner's prayer for permission to use the space in front of the shop which had been allotted to him, in new Mohanpura vegetable market. The petitioner relies on an order of the Municipal Council dated July 22, 2024 and submits that the prayer for use of such space be allowed on the basis thereof. The petitioner undertakes that he shall not construct either temporary or permanent structures either on the passage or in front of the shop. He is not aggrieved by removal of the structures by the authority. All that he prays for is that, when the shops are being run, the space in front may be allowed to be utilized strictly in terms of the order No. 2806 dated July 22, 2024.

Mr. Rakesh Kumar, learned advocate appearing for the respondents submits that the space cannot be used by raising structures. If the petitioner seeks consideration of his prayer in terms of the said office order, he would have to abide by some terms and conditions.

Mr. Kumar, submits that the nature of the claim of the petitioner is contrary to the order of the Hon'ble Division Bench. However, this Court is of the view that once the petitioner applies, disclosing the purpose behind use of the space and the mode and manner in which the same is proposed to be used, the Municipal Council can decide on his eligibility in terms of the order of the Court and its policy.

The petitioner has not even applied before the Council. The Council has not yet applied its mind to such prayer of the petitioner.

Under such circumstances, the writ petition is disposed of granting liberty to the petitioner to approach the office of the Municipal Council, Sri Vijaya Puram with his prayer to use the space in front of Shop Room No. 1 and 3, on the undertaking that he shall neither block the passage with any structure nor utilize the passage for any other purpose except to run the shop during the business hours. If such application is made, the same shall be considered in accordance with law, upon such terms and conditions as the authority deems fit and also upon considering whether similarly situated shopkeepers have been allowed to use such passage with certain terms and conditions. This Court has not expressed any view on the eligibility of petitioner to have his prayer granted by the Council. The Council will decide the matter in accordance with its policy, within a period of two months from receipt of the petitioner's application.

Parties to act in terms of the server copy of this order downloaded from the website of this Hon'ble Court. ( Shampa Sarkar, J. )