Rathu Kullu v. The Lt.Governor And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/445/2024 Shri Rathu Kullu ... Petitioner Vs.
The Lt. Governor and Ors. ... Respondents Ms. G. Mini ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondents September 02, 2024 (M.A.Mobin) Item No.11 Learned Advocate for the Petitioner and learned Advocate for the Respondents are present.
Heard learned Advocates for the parties.
The grievance of the Writ Petitioner is that the Petitioner encroached a forest land measuring an area of 1 Hects. situated at Radha Nagar within jurisdiction of Diglipur Forest, North & Middle Andaman District. The said land was encroached in the year 1968 and after the encroachment the Petitioner developed the land by various plantations and constructed a residential house and had been residing thereon with his family members. It is further contended that as per the policy decision of the Government of India and the order dated 07.5.2002 passed by the Hon'ble Supreme Court in W.P(C) No.202 of 1995 an area of 1 Hects. or the actual area in occupation prior to 31.12.1978 whichever is less is to be allotted in the
de-reserved block, Pachimsagar subject to the condition that the Pre-1978 encroacher in the reserved Forest area vacate said forest land and shifts to the above said dereserved block. It is also contended by the Petitioner that notice was issued by the Divisional Forest Officer, Diglipur to the Petitioner and the Petitioner was directed to vacate his unauthorized occupation from an area of 1 Hects. of Government land situated at Reserved Forest Block, Radha Nagar within one month from the receipt of the said notice to enable allotment of an area of 1 Hects. situated at Pachimsagar (De-Reserved Block).
It is contended by the Petitioner that the SubDivisional Officer, North and Middle Andaman, Mayabunder issued license to occupy the Agricultural land under clause (ii) of Section 146 of Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 in favour of the petitioner in respect of the land bearing Survey No.608 measuring an area of 1 Hects. situated at Pachimsagar village under Diglipur Tehsil for cultivation of agricultural crops.
It is further contended by the Petitioner that although the Tehsildar, Diglipur Tehsil directed the petitioner to be present on the spot for taking over the physical possession of the land bearing Survey No.608, measuring area 1 Hects. situated at Pachimsagar and although the petitioner was
present on the spot but the physical possession of the land was not handed over for one reason or the other. Upon hearing the learned Advocates and considering the facts of the case, this Court is of the view that no fruitful purpose would be served by keeping the Writ Petition pending. Thus this Writ Petition is disposed of by directing the Respondent no.3 to treat the Writ Petition as representation before him and consider and decide the same in accordance with law upon giving the petitioner an opportunity of being heard. Such decision shall be taken within a period of six months from the date of communication of this order.
As no Affidavit-in-Opposition is invited the allegations are deemed to be not admitted.
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.
(Biswaroop Chowdhury, J.)