Smt. Suniti Saha v. The Andaman And Nicobar Administration And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/687/2023 Smt. Suniti Saha ... Petitioner Vs.
The Andaman and Nicobar Administration and Ors. ... Respondents Mr. Ajoy Kumar Mondal ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondents June 22, 2023 (M.A.Mobin) Item No.11 This Writ application under Article 226 of the Constitution of India has been filed by the petitioner seeking direction upon the Respondent Nos.2 and 3 for disposal of Revenue Case No.201/GIS/2021/DC(SA)/1558. The brief fact of the case is that the petitioner and 31 others jointly purchased specific share in the land within Survey No.178 measuring an area of 1.0000 hectares classified as Hilly situated at Naya shahar village under Ferrergunj Tehsil, South Andaman District by registered deed of sale dated 2nd March, 2021. Subsequent thereto the land-in-question is mutated in the names of the purchasers. In the year 2021 the petitioner applied for subdivision of the said land which was registered as Revenue Case No.201/GIS/2021/DC(SA)/1558. Despite persuasion the application of the petitioner for sub-division of land has remained pending before the authority concerned. Being
aggrieved by such inaction on the part of the respondent authorities the petitioner has preferred the present Writ application for proper relief.
Mr. Ajoy Kumar Mondal, learned Counsel for the petitioner submits that the application for sub-division of the land is pending before the respondent authorities since the year 2021. He seeks direction for disposal of such application at the earliest.
Mr. Arun S. Kumar, learned Counsel appearing for the respondents leaves the matter to the discretion of the Court.
It is found from the contention in the Writ application as well as documents annexed thereto that the petitioner after purchase of the land-in-question and mutation thereto applied before the concerned authority for sub-division of the land in the year 2021 which is registered as Revenue Case No.201/GIS/2021/DC(SA)/1558. It is not in dispute that the aforesaid revenue case is pending before the concerned authority since the year 2021. Accordingly, respondent nos.1 & 2 is directed to take appropriate steps for disposal of the application of the petitioner registered as Revenue Case No.
201/GIS/2021/DC(SA)/1558 in accordance with law within a period of three months from date.
With the aforesaid observation, the Writ application stands disposed of.
All connected applications stand disposed of.
Interim order, if any, stands vacated.
Since the Affidavit-in-Opposition has not been filed allegation made in the Writ application is deemed to be not admitted.
All parties to act on the server copy of this order downloaded from the official website of this Hon'ble Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties after compliance of all required formalities.
(Bivas Pattanayak, J.)