A.V.Pandian v. The Tehsildar And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/489/2024 A. V. Pandian Vs.

The Tehsildar and Another Mrs. Anjili Nag .... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the Administration Mr. K. M. B. Jayapal ... for the private respondent September 25, 2024 [SR] Item No.3 The writ petition is directed against an order dated 19th September, 2024 whereby the Tehsildar, Port Blair in a proceeding being RC/1059/TPB/2019 has directed removal of the petitioner. It is contended on behalf of the petitioner that the haste in which the impugned order has been passed indicates that the petitioner has been intentionally deprived of any right of challenge against the impugned order. In any event, despite an order passed by a Coordinate Bench, the Tehsildar has failed to dispose of a pending application for recalling of a connected order dated 23 April, 2019.

It is also contended on behalf of the writ petitioner that no right of hearing was granted to the petitioner before passing of the impugned order. This fact is disputed by the respondents. There has been no compliance of an earlier direction for disposal of an application for recalling of the order dated 23 April 2019. In any event there are no reasons recorded in the impugned order. It also appears that there is no right of hearing afforded to the petitioner prior to passing of the impugned order. In view of the above, the impugned order dated 19 September, 2024 is set aside. The Tehsildar is directed to rehear the matter afresh including the application for recalling of the order dated 23 April, 2019 after giving due notice to all the parties and preferably within a period of four weeks from the date of communication of this order.

It is made clear that there has been no adjudication on the merits of the case and the Tehsildar is not to be bound by any observation insofar as the merits of the case are concerned. A disturbing feature of the impugned order which also requires to be commented upon is the haste in which the Tehsildar has directed implementation of the impugned order. Ordinarily such orders are subject to challenge either by way of an appeal or in exceptional circumstances by way of filing a writ petition. The impugned order was passed on 19 September 2024 (Thursday) and was directed to be implemented by the Revenue Officer on 23 September 2024 (Monday). This is unacceptable and in violation of all principles of fairness. In view of the above, it is expected that the Tehsildar would grant an affected party at least an adequate opportunity for challenging any proposed order in accordance with law.

It is clarified that the above exercise is to be undertaken in terms of the order dated 5 February, 2024 passed by a Coordinate Bench in WPA/02/2024 and WPA/179/2019.

Since no Affidavit-in-Opposition has been filed the allegations contained in the writ petition are not admitted. With the above directions and to the above extent, WPA/489/2024 stands allowed.

( Ravi Krishan Kapur, J. )