Aftab Mohammed v. The Deputy Commissioner And ORS

IN THE HIGH COURT AT CALCUTTA

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

WPA/583/2022 Shri Aftab Mohammed ... Petitioner Vs.

The Deputy Commissioner and others ... Respondents Ms. A.S.Zinu ...for the Petitioner Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ...for the respondents Mr. N.A.Khan ... for the pvt. respondent December,13 2022 [SR] Item No.13 The petitioner claims that he has applied before the Deputy Commissioner, South Andaman District for rectification of an incorrect entry made in favour of the private respondent in respect of the land measuring an area of 117 Sq.mtrs under survey No.1979/1/2.

The petitioner has also filed a suit for eviction against the private respondent. The petitioner is the recorded tenant in respect of the subject property.

The private respondent claims that the petitioner has no locus standi to seek any eviction or mutation in respect of the property since the recorded owner is his father. The private respondent claims to obtain rights in respect of the land under a decree from a Civil Court being O.S.No.136 of 2011. It is submitted by the private

respondent that there is a mistake in the decree passed in the civil suit and he has applied for correction. The parties may establish their civil entitlements before a Civil Court in accordance with law.

The petitioner may seek impleadment and take steps in the said suit being O.S.No.136 of 2011.

The Deputy Commissioner, South Andaman District shall, after receiving the appropriate orders from the Civil Court/forum, take steps in accordance with law for effecting mutation in favour of the actual title holder of the property. WPA/583/2022 stands disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )