Shri.Mukkaiah Alias A.Mookaiah v. The Lt.Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/485/2024 Shri. M. Jagannathan Vs The Lt. Governor and Others With WPA/486/2024 Shri Mukkaiah Alias A. Mookaiah Vs The Lt. Governor and Others Mr. Arul Prasanth ... for the petitioners Ms. Babita Das ... for the respondents January 30, 2026 [AKB] Item No.18 & 19 The learned counsel for the petitioner has drawn the attention of this Court to paragraph 10 at page 3 of the order dated 23.01.2024 and learned counsel submitted that the concerned officer refused to allow his prayer on the ground that as IA No. 1659 of 2006 [arising out of WP (C) 202 of 1995] is pending before the Hon'ble Supreme Court, his prayer cannot be allowed until Hon'ble Supreme Court decides the said matter.

The learned counsel for the Administration has submitted that the IA No. 1659 of 2006 is pending before the Hon'ble Supreme Court in connection with the petitioner. However, she has left the matter to the discretion of this Court.

She has further submitted as the matter is pending before the Hon'ble Supreme Court, the Administration cannot take a final decision.

However, Mr. Arul Prasanth, learned counsel has submitted that as the petitioner is in possession of the property, his possession should not be disturbed till the Hon'ble Supreme Court passes the order.

I have considered the submission of the learned counsel of the parties and I think that the proposal of Mr. Arul Prasanth has certain merits.

Accordingly, the instant writ petition has been disposed of with a direction that the possession of the petitioner over the subject property should not be disturbed except in due course of law subject to final outcome in IA No. 1659 of 2006 [arising out of WP (C) 202 of 1995] pending before the Hon'ble Apex Court.

With this direction, the instant writ petitions are disposed of.

The learned counsel are to communicate this order to the Administration.

(Apurba Sinha Ray, J.)