Ananthesia Soreng v. The Lt.Governor And ORS
1IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/447/2024 Smti. Ananthesia Soreng ... 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.13 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 Petitioner that Late Vincent Minj, the father-in-law of the petitioner encroached a forest land measuring an area of 1 Hects. situated at Burmachad within the jurisdiction of Diglipur Forest, North & Middle Andaman District. The said land was encroached in the year 1968 and after the encroachment the petitioner's father-in-law developed the land by various plantations and constructed a residential house and had been residing thereon with the family members.
It is further contended by the petitioner that as per the policy decision of 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 pursuant to the notice issued by the Divisional Forest Officer, Diglipur the father-in-law of the petitioner vacated the said land which falls under the reserved forest and handed over the same to the Divisional Forest Officer, Diglipur. It is contended that thereafter the Sub-Divisional Officer, North and Middle Andaman, Mayabunder issued license to occupy the Agricultural land under clause (ii) of Regulation 146 of Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 in favour of the petitioner's father in respect of the land bearing Survey No.580 measuring an area of 1 Hects. situated at Pachimsagar village under Diglipur Tehsil for cultivation of agricultural crops.
It is further contended that notice was issued by the Sub-Divisional Officer, North and Middle Andaman, Mayabunder and the Tehsildar, Diglipur Tehsil directing the petitioner's father to file affidavit in Non-Judicial stamp paper and the petitioner's father-in-law was informed that possession will be handed over to him.
It is contended by the petitioner that the petitioner's father-in-law expired on 05.7.1990 leaving behind the husband of the petitioner Benedict Minj who expired on 06.8.2017 leaving behind the petitioner as legal heir and the petitioner has the legal right to file the Writ application. It is also contended by the petitioner that though the license to occupy the Agricultural land was issued in favour of the petitioner's father way-back in the year 2003 and thereafter several notices were issued by the respondent authorities for demarcation and handing over the possession of the said land to the petitioner's father-in-law but till date nothing has been materialized.
The petitioner's father-in-law, the petitioner's husband as well as the petitioner have approached the respondent authorities but the authorities are given one excuse or the other and till date the demarcation and the physical possession of the land has not been handed over to the petitioner.
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.)