P.Tirupathi Rao v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/449/2024 P. Tirupathi Rao Vs The Andaman and Nicobar Administration and others Ms. G. Mini ... for the petitioner Ms. Babita Das ... for the respondents August 30, 2024 [SR] Item No.9 The petitioner and his co-sharer have jointly purchased a land measuring about 0.02 hectares being Survey No.144/1/2 at Haddo Village under Port Blair Tehsil, District South Andaman( hereinafter referred to as the said plot of land) from Shri Chander Deo, the recorded tenant, by a registered sale deed dated 1st August, 2014. The petitioner says that they have recorded their name as joint tenant in the land record after hearing purchased the said land.

The petitioner along with other co-sharers have approached the Deputy Commissioner, South Andaman, Port Blair with necessary particulars and a partition plan for effecting the partition between the petitioner and his co-sharers in accordance with said plan. The Assistant Commissioner (S), Andaman and Nicobar Islands, by an order dated 2nd January, 2024 rejected the petitioner's demand for division of the property on the ground of mismatch between the share and the extant share in the plan. Challenging such decision, the co-sharers of the petitioner have replied to the same disputing the charge.

After hearing the parties and considering the materials on records, I think that the justice will be sub-served by directing the

Deputy Commissioner, South Andaman District i.e. the respondent No. 2 to indicate in writing to the petitioner within a period of three weeks from date, the formalities which are to be complied with and the documents which are to be filed by the petitioner and other cosharers of the land in question. Once such intimation is given, the petitioner shall, within a fortnight from receipt of such communication, comply with requisite formalities and submit necessary documents as may be directed. Within a period of eight weeks from the receipt of particulars from the petitioner, the respondent no.2 shall take a decision and if there is no other embargo for bifurcate of the land, as prayed for, the same shall be granted.

The respondent no.2 shall give the petitioner and other cosharers a personal hearing and to allow them to substantiate the facts and figures which may be provided by the petitioner for effective adjudication of the matter.

Nothing further remains for adjudication in the writ petition. The writ petition is therefore, disposed of.

Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have been not admitted by the respondents.

( Arindam Mukherjee, J. )