Smti.Sagira Begum v. The Andaman And Nicobar Administration And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/457/2025 Smt Sagira Begum Vs.
The Andaman and Nicobar Administration and others Ms. G. Mini ... for the petitioner Ms. Babita Das ... for the respondents October 29, 2025 [SR] Item No. 6 The petitioner is aggrieved by the failure of the authorities in implementing the decision of the Deputy Commissioner, South Andaman District dated March 30, 2013, by which an order was passed under Regulation 87 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966. The authority directed correction of revenue records in the following manner.
(a) Legal heirs of Hanifan Bibi
(1) Smt. Sagira Begum
(2) Smt Zohra Bibi (half share) (b) Legal heirs of Ashia Khatoon
(1) Israt Ali
(2) Asgar Ali
(3) Sawab Ali
(4) Zubaida Khatoon
(5) (i) Baby Farida (ii) Mohd. Rafique (iii) Mohd. Sattar (iv) Mohd. Imran
(6) Sakila Bibi Note : b(1) to b(6) half share to Legal heirs of Ashia Khatoon Let the plain copy of the order be served upon the applicant including the legal heirs of Hanifan Bibi &
Ashia Khantoon.
The Assistant Commissioner (Settlement), A & N Islands, Port Blair & Tehsildar, Port Blair are hereby directed to affect the necessary correction in the land records.
Given under the hand and seal of this Court on this 30th day of May, 2013."
It is submitted by the petitioner that the direction was not complied with. Sometime in 2025, pursuant to an application filed by the petitioner for further sub-division of the property in two equal parts, the Assistant Commissioner, Andaman and Nicobar Islands Port Blair issued a notice to the parties intimating that the name of Ashia Khatoon did not appear in the proposal although her name appeared in the record of rights. It was directed that Ashia Khatoon's name should be included in the proposal.
The Assistant Commissioner was misdirected by the records. He did not note the fact that Ashia Khatoon had already expired and there was a direction by the Deputy Commissioner in 2013 that the names of the heirs of Ashia Khatoon and Hanifan Bibi heirs should be incorporated in the revenue record.
Under such circumstances, in view of death of Ashia Khantoon, the question of including her name in the proposal for sub-division of the land does not arise. As per the order of the Deputy Commissioner, the names of the heirs should have been recorded. Due to failure on the part of the authority to carry out the order of the Deputy Commissioner, the confusion has arisen.
Under such circumstances, the concerned authority namely the Assistant Commissioner (Settlement), A & N Islands and the Tehsildar, Port Blair shall first comply with and carry out the direction of the Deputy Commissioner, South Andaman District within one month from date. After correcting the revenue records, communication to the effect shall be sent the petitioner. Once such communication of correction of the records is received, the petitioner shall once again approach the Deputy Commissioner, South Andaman District for disposal of the pending application being RC No.165/GIS/2024/DC(SA) dated 16th January, 2025.
Needless to mention, the said sub division should be carried out within a month after the correction of the revenue records, as all the parties in possession of the said lands are willing to sub-divide the land.
The writ petition is disposed of accordingly. Parties to act in terms of the server copy of this order downloaded from the website of this Hon'ble Court. ( Shampa Sarkar, J. )