Shri. P. Ganpati v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/693/2023 Shri. P.Ganpati

Versus

The Tehsildar, Port Blair Mrs. Anjili Nag ... for the petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ... for the respondent April 26, 2023 [AKB] Item No.4 The grievance of the petitioner is that the petitioner is the recorded tenant of the land bearing Survey No. 40/1/2 measuring an area of 0.0082 hectares situated at Dairyfarm village under Port Blair Tehsil, South Andaman. The local residents of that area have illegally occupied the footpath due to which the petitioner is facing difficulties to use the footpath and accordingly the petitioner has made an application before the Tehsildar on 03.04.2023 for removal of the encroachment over the footpath but till date the said application is pending before the Tehsildar.

Learned counsel for the Administration, Mr. Arun S. Kumar submits that if a direction is passed by directing the Tehsildar to consider the representation submitted by the petitioner, the Teshildar will take appropriate steps for demarcation and taking appropriate steps if any encroachment has been done by any of the persons in the said footpath. Considering the submission made by the respective parties, the writ petition is disposed of by directing the Tehsildar, Port Blair Tehsil to dispose of the representation submitted by the petitioner dated 03.04.2023 after giving an opportunity of hearing to the petitioner and concerned parties within a period of six weeks from the date of receipt of the order. It is made clear that if the Tehsildar found that any of the persons have encroached footpath, the Tehsildar is directed to take appropriate steps for removal of such encroachment. WPA/693/2023 is disposed of.

Though the writ application is disposed of without calling for the affidavit-in-opposition the allegation made therein are deemed to have been denied and disputed.

(Krishna Rao, J.)