Birsa Munda v. The Deputy Commissioner And ORS

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/569/2022 Shri Birsa Munda ... Petitioner Vs.

The Deputy Commissioner and others ... Respondents Mr. N.A.Khan ...for the Petitioner Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ...for the respondents December,13 2022 [SR] Item No.11 The petitioner is aggrieved by an order dated 11th November, 2022 passed by the Deputy Commissioner, South Andaman District refusing to accept licence fee. The relevant portion of the order is set out hereinbelow.

"And whereas it is found that as per the above guidelines, the petitioner is not fulfilling the condtiisn for acceptance of premium as follows:

I.

The licensee is not in a continuous occupation in the land.

II.

The Power of Attorney Holder is under occupation in an excess area 169 Sq.mts of government revenue land.

III.

The subject land was disposed of by the Writ petitioner to Shri Jhariya Toppo.

IV.

The subject land is presently under occupation of Shri Naveen Toppo (POAH) of Shri Birsa Munda (herein licensee).

V.

Submission of Shri Navin Toppo, during the course of hearing in WP No.348 of 2017 and written submission submitted by Shri Birsa Munda on 06.10.2021 which is contradictory.

In view of the above mentioned facts and circumstances, I Suneel Anchipaka, IAS, Deputy

Commissioner, South Andaman District, do hereby reject the claim of the petitioner on the above grounds. The petitioner has been provided with all documents that have been relied upon for the instant rejection."

This Court is of the view that the order of the Deputy Commissioner, South Andaman District calls for no interference whatsoever since the same is reasoned, lawful and sustainable. The petitioner has been heard. There is no violation of principle of natural justice.

The Deputy Commissioner, South Andaman has also addressed and taken into consideration all relevant materials produced by the petitioner, applicable rules and laws. The writ petition therefore fails and hereby dismissed. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )