Shri.Manick Ch.Mondal v. The Lt.Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/56/2025 Shri Manick Ch.Mondal Vs The Lt. Governor and Ors.

Mr. Ananda Halder ... for the petitioner Mrs. Babita Das ... for the respondents November 4, 2025 [AKB] Item No.3 The instant application has been filed against an order passed by the Civil Judge, Senior Division, Port Blair being No. 69 dated 13.08.2025 whereby an application under Order 6 Rule 17 was rejected by the aforesaid Court.

The learned advocate representing petitioner submitted certain facts were required to be incorporated in the plaint which were not within the knowledge of the substituted plaintiff at the relevant time of the filing of the suit which was instituted by the Mother of the substituted plaintiff in the year 2007.

The learned advocate representing the respondent Administration submitted the facts in question which the petitioner intended to incorporate in the plaint through an amendment would entirely alter the prayer in the plaint as well as give rise to addition of facts which were known to the plaintiff at the time of filing of the suit and at the pretext of stating that the prayer of the plaintiff would not change, the same desired to introduce new facts which would ultimately construe as filing of a new suit.

The petitioner sought for the following amendment: "Proposed Amendment a) The name of the present plaintiff be incorporated in the Cause Title of the plaint replacing the name of his mother Smti. Sati Bala Mondal.

b) That after Paragraph No.21 of the original plaint, the following paragraphs be addedParagraph No.21 (a) - That the original plaintiff filed a writ petition being W.P.No.016 of 2018 before the Hon'ble High Court at Calcutta, Circuit Bench at Port Blair seeking direction upon the defendants herein to allot the suit land and the Hon'ble High Court vide order dated:-09-02-2018 was pleased to direct the defendants herein to allot the suit land and issue license and the record the name of the original plaintiff in the record of rights pertaining to the suit land.

The photocopy of the aforesaid order dated:

09-02-2018 passed in W.P. No. 016 of 2018 is filed herein for perusal of this Hon'n;e Court.

Paragraph No.21 (b) - That the defendants herein allowed their one of the staff namely Smti. Shanti Ranjan Bala, posted as Chowdhury in the Office of the Tehsildar, Little Andaman Tehsil to encroach part of the suit land and accordingly the Original Plaintiff Smti. Sati Bala Mondal during her lifetime submitted complaints dated: 06-12-2000, 26-12-2000, 12-12-2005, 15-12-2006, 25-012006, 11-02-2016 and 15-02-2015 against Shri. Shanti Ranjan Bala before the to the Tehsildar, Little Andaman Tehsil and the copies of the same were also submitted to the Hon'ble Lt. Governor, Andaman & Nicobar Islands, Deputy Commissioner, Andaman District and the Assistant Commissioner (Settlement), Port Blair but even after receiving the aforesaid complaints lodged by the original plaintiff the Tehsildar, Little Andaman is not only silent over the issue to save his own staff but also submitting incorrect facts before the competent authority to reject the genuine claim of the plaintiff and encourage his own staff to encroach government revenue land.

The photocopies of the aforesaid complaints submitted by the original plaintiff Smti. Sati Bala Mondal are filed herein for perusal of this Hon'ble Court.

Paragraph No. 21(c)- That moreover the substituted plaintiff Shri. Manick Chandra Mondal also submitted a complaint dated: 15-122005 to the Deputy Commissioner, Andaman District against Shri. Shanti Ranjan Bala for encroaching the part of the suit land misusing his official power being a revenue staff under blessing of the Tehsildar, Little Andaman Tehsil but the Tehsildar, Little Andaman Tehsil managed not to proceed the matter against his own staff Shri. Shanti Rannjan Bala.

The photocopy of the aforesaid complaint letter dated: 15-12-2005 is filed. herein for perusal of this Hon'ble Court.

Paragraph No.

21(d)- That in one hand defendants recommended the case of the plaintiff for issuance of license of the suit land under the settlement scheme in respect to the suit land and once the staff of the Tehsildar, Little Andaman Tehsil namely Shri. Shanti Ranjan Bala encroached the part of suit land under the blessing of the Tehsildar, Little Andaman Tehsil, the defendants kept confined the recommendation case file and taken a reverse view not to issue license of the suit land to the plaintiff to

allot the land to Shri. Shanti Ranjan Bala, posted as Chowdhury in the office of the Tehsildar, Little Andaman Tehsil. Paragraph No. 21(e) - That the defendants have already initiated the process of issuance of license of the suit land under the settlement scheme in the year 1996 in favour of the plaintiff and subsequently denying same suppressing earlier recommendation is violation of the promissory estoppel to give undue advantage to their own staff Shri. Shanti Ranjan Bala." The aforesaid proposed averments if allowed to be a part of the plaint through an amendment of the same would not necessarily change the nature of the suit and affect the prayer sought by the plaintiff in the suit. The substituted plaintiff on demise of his Mother had been in a position to proceed with the suit.

The facts stated by the petitioner in the aforesaid paragraphs had been attempted to signify the lapses on the part of the respondent authorities intended to strengthen the primary grievance of the erstwhile plaintiff in the suit itself, which would not create a new cause of action. The instant revisional application is allowed. The plaint in the Other Suit being No. 36 of 2012 be amended incorporating the aforesaid paragraphs.

The order passed by the Civil Judge, Senior Division, Port Blair being No. 69 dated 13.08.2025 is accordingly set aside. CO/56/2025 is disposed of.

(Ananya Bandyopadhyay, J.)