Shri.Rajesh Xess And ORS. v. The Lt.Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/458/2025 Shri Rajesh Xess and others Vs.

The Lieutenant Governor and others Mr. Mit Roy Guha ... for the petitioner [through virtual mode] Mr. Pardesia Munda Ms. Babita Das ... for the Administration Mr. P.Prasun ... for the respondent no.9 October 28, 2025 [SR] Item No. 25 The petitioner is aggrieved by the demarcation order passed by the Tehsildar, Sri Vijaya Puram. This writ petition has been filed seeking further demarcation by appropriate authority.

In my view, there is an alternative remedy by way of an appeal under Regulation 28 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966. Accordingly, the writ petition is disposed of, directing the concerned Sub Divisional Officer of the concerned Tehsil to treat the writ petition as an appeal and dispose of the same upon conducting a survey through an independent surveyor and not the concerned Tehsildar, who has already made the survey and whose decision is impugned in this writ petition. Needless to mention, such survey shall be made in the presence of the petitioner and also the respondent no.9. The survey shall be made on the basis of measurements and such

documents which are in possessions of the parties including the map, deed etc.

A reasoned order shall be passed and communicated to the petitioner. The entire exercise shall be completed within a period of three months from the date of communication of this order. The parties are at liberty to videograph the entire process.

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. )