Jhandu Uraon @ Jantu Tigga v. The Lt.Governor And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/446/2024 Shri Jhandu Uraon @ Jantu Tigga ... 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.12 Learned Advocate for the Petitioner and learned Advocate for the Respondents are present.
Heard learned Advocates for the parties.
It is the contention of the Writ Petitioner that the Petitioner encroached a forest land measuring an area of 1 Hects. situated at Narayan Tikry 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 by the Petitioner 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 de-reserved 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, Narayan Tikry 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). The petitioner duly complied the same.
It is also contended by the petitioner that the petitioner was issued license by Sub-Divisional Officer, North and Middle Andaman, Mayabunder under clause (ii) of Regulation 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.491 measuring an area of 1 Hects. situated at Pachimsagar village under Diglipur Tehsil for cultivation of agricultural crops.
It is contended that although notice was issued upon the petitioner by the Sub-Divisional Officer, North and Middle Andaman, Mayabunder as well as office of the Tehsildar, Diglipur Tehsil directing the petitioner to be present on the spot for taking over the physical possession
of the land bearing Survey No.491, measuring area 1 Hects. situated at Pachim Sagar but no possession was handed over although the petitioner was present as per the directions issued in the notice.
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.)