Shri. M.P. Dubey v. The Deputy Commissioner And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] ...

WPA/690/2023 Shri M. P. Dubey Vs.

The Deputy Commissioner and others Mr. Arul Prasanth ... for the petitioner Mr. Arun S. Kumar ... for the respondent Nos.1,2 & 3 April 25, 2023 (Bithika) Item No.9 Learned Counsel for the respective parties are present.

Mr. Arun Prasanth, learned Advocate representing the petitioner submits that the petitioner is the recorded tenant of the land bearing survey No. 126 measuring an area 0.17 hectors situated at Bimblitan village under Port Blair Tehsil, South Andaman. He submits that the petitioner being the recorded tenant had applied for demarcation of the said landed property before the Tehsilder, Port Blair Tehsil. The Tehsilder has initiated a revenue case No. 797/TPB/2021 and issued notice to the concerned parties on 09.11.2021 by fixing the date of demarcation on 16.11.2021. In spite of issuance of notice, no demarcation was conducted. He submits that again on 16.03.2023, the Tehsilder, Settlement-II had

issued notice on 16.03.2023 by fixing the demarcation on 28.03.2023 but in spite of issuance of notice, no demarcation was conducted. Learned Counsel for the petitioner prays for a direction upon the respondents particularly Tehsilder, Port Blair Tehsilder and the Tehsilder Settlement-II for demarcation of the aforesaid landed property so as to enable the petitioner to know about the four corners of the said landed property. Mr. Arun S. Kumar, learned Counsel for the Administration submits that, if the direction is given to the Tehsilder, the Tehsilder will take appropriate steps for demarcation of the property.

Considered the submissions made by learned Counsel for the respective parties.

WPA No.690 of 2023 is disposed of by directing the Tehsilder, Port Blair Tehsil to demarcate the land of the petitioner within a period of four weeks from the date of receipt of this order and to supply the demarcation report to the petitioner within a week after demarcation is completed.

It is made clear that if necessary, the Tehsilder is at liberty to take police help.

WPA No. 690 of 2023 is disposed of.

( Krishna Rao, J.)