Shri.Sagar Chakraborty v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/427/2025 Shri Sagar Chakraborty Vs The Tehsildar Ms. A. S. Zinu ... for the petitioner Mr. V.D.Sivabalan Mr. Arun S. Kumar ... for the respondent August 28, 2025 [AKB] Item No.5 The petitioner has preferred the present writ petition challenging the inaction of the respondent in not deciding her representation dated 03.04.2025, whereby the petitioner has sought mutation of landed properties being Survey Nos. 320, 321, 328, 323, 324, & 322 measuring areas 1.12 Hects, 0.06 Hects, 0.52 Hects, 0.01 Hects, 0.30 Hects and 0.07 Hects all situated at Chouldari village under Ferrargunj Tehsil, South Andaman District.

It is the case of the petitioner that her deceased husband had purchased the aforesaid landed properties form Shri. Subodh Chandra Gain vide a registered sale deed dated 13.06.1963. Since then, the petitioner and her family have been in continuous possession of the aforesaid properties. The petitioner's husband expired on 07.05.1995, leaving behind the petitioner and six children as his legal heirs. After the demise of her husband, the petitioner approached the Tehsildar, Ferrargunj, for mutation of the said property in the name of the legal heirs of her deceased husband. In furtherance of the

mutation proceedings she had issued a paper publication inviting objection. Pursuant thereto, Shri. Paresh Chandra Gain, alleged brother of Subodh Chandra Gain filed an objection leading to the initiation of Revenue Case No. 141 of 2007 before the Tehsildar, Ferrargunj. Vide order dated 26.02.2007, the said case was disposed of by directing the parties to approach the competent Civil Court for appropriate relief. Consequently Shri. Paresh Chandra Gain instituted Title Suit No. 107 of 2010, which, after due adjudication, came to be dismissed by judgement and decree and 31.12.2018. The appeal preferred against said judgement and decree, being appeal No. 05 of 2015 was also dismissed vide order dated 26.02.2025. Subsequently thereto, the petitioner submitted a representation dated 03.04.

2025 before the respondent authority seeking mutation of the aforesaid property in her name and that of her children. However, till date no final decision has been taken by the respondent authority. Being aggrieved by such inaction and failure on part of the respondent to decide her representation, the petitioner is constrained to file the present writ petition.

Learned counsel for the respondent submits that they are ready and willing to decide petitioner's representation dated 03.04.2025. Learned counsel for the petitioner states that she be satisfied if same is decided within a time bound manner. In view of the same, the present writ petition is disposed of with a direction to the respondent to consider petitioner's representation dated 03.04.2025 within a period of eight weeks

from today after affording an opportunity of personal hearing to the petitioner as well as the other stake holders, if any, in accordance with law, by way of a speaking order. With the above direction, the present writ petition is disposed of.

(Gaurang Kanth, J.)