Shri. Bidhu Bhusan Mondal v. The Deputy Commissioner And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/503/2024 Shri Bidhu Bhusan Mondal ... Petitioner Vs.

The Deputy Commissioner and Ors. ... Respondents Mr. Ananda Halder ...for the Petitioner Mr. V. D. Sivabalan Mr. Arun S. Kumar ... for the Respondent no. 1 Ms. Babita Das ...for the Respondent no. 2 October 01, 2024 (M.A.Mobin) Item No.3 The petitioner purchased the land bearing survey No. 18, measuring an area of 2.02 Hects. situated at Rabindra Nagar village under Little Andaman Tehsil, South Andaman District along with his brother Arabinda Mondal (since deceased) through a registered deed of sale in the year1989 from the erstwhile recorded tenant namely Smti. Kasturi Bai. Thereafter, the aforesaid land has been mutated in the joint name of the petitioner and his brother in the revenue record on the basis of the registered sale deed and accordingly, the name of the petitioner and his brother have been duly incorporated in the revenue record of land bearing survey No.18 measuring 2.02 Hect.

In the year 2018, the respondent nos. 3 and 4 illegally managed to record the entire land in their joint name without any due process of law.

This petitioner has already submitted a representation dated 05.10.2023 under Section 89 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966 with a prayer for correction of the record made by the office of the Tehsildar, Little Andaman but unfortunately the respondent no. 1 is sitting tied over the representation and no order was passed upon the said representation made by the petitioner. Accordingly, the respondent no. 1 is hereby directed to dispose of the representation as made by the petitioner dated 05.10.2023 within eight weeks from the date of this order in accordance with law after giving opportunity of hearing to the parties before passing any order in connection with the application.

The respondent no. 1 is also directed to pass a reasoned order and communicate the same passed by it over the application made by the petitioner to the parties concerned immediately thereafter.

Liberty is hereby given to the parties to produce their documents in support of their contention before the Tehsildar, Port Blair Tehsil.

Thus, this writ petition is allowed.

Parties are to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Prasenjit Biswas, J.)