Smti.Zubaida Ibrahim v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/512/2024 Smti. Zubaida Ibrahim Vs.

The Tehsildar Ms. Anjili Nag, Sr. Adv.

Ms. K. Bhawani ... for the petitioner Mr. V.D.Sivabala ... for the respondent July 03, 2025 [AKB] Item No.1 Mrs. Anjili Nag, learned senior advocate submits that the petitioner has occupied the government revenue land in the year 1975. Subsequent on 17.02.1990 the Assistant Commissioner (Settlement) Andaman and Nicobar Islands Port Blair had issued a license with respect to the land bearing survey No. 33/24/1 measuring an areas of 100 sq. mtrs. situated at Aberdeen village under Port Blair Tehsil, South Andaman.

Subsequent to issuance of the license dated 17.02.1990, the petitioner has also made a representation to the concerned authority on 27.12.1991 and on receipt of the representation of the petitioner, the Assistant Commissioner (settlement) has recorded that the exact location of Smti. Zubaida has been found just behind the Survey No.2272 corresponding to Block Survey No. 33/26 at Aberdeen. It is also mentioned that the settlement records were verified and found that the name of Smti. Zubaida has been appeared in

the Block Register No.33 of Aberdeen bearing survey No. 24/1. Subsequent to the said memorandum dated 25th March, 1992, the Tehsildar, Port Blair tehsil had issued a notice on 09th August, 1995 directing the petitioner to appear before Tehsildar for recording her statement. Ld. Counsel for the petitioner submits that in terms of the notice issued by the Tehsildar dated 09th August 1995, the petitioner had appeared before the Tehsildar and her statement was recorded, but subsequent thereafter no steps has been taken by the authorities for acceptance of premium and issuance of Record of Right and Sketch Map of the property in question.

Ld. Counsel for the petitioner submits that the petitioner made several representation, but till date no decision has been taken by the authority.

Considered the submissions made by the learned counsel for the petitioner and perused the materials on record. This Court finds that the Administration has issued the license with respect of the land bearing Survey No. 33/24/1 dated 17.02.1990 in favour of the petitioner, subsequently the authority also issued a memorandum dated 25.03.1992 wherein it is also admitted that the petitioner is in occupation of the premises.

In view of the above, the Writ petition is disposed of by directing the Deputy Commissioner, South Andaman District to consider the case of the petitioner by taking into account of the license dated 17.02.1990, the memorandum

dated 25.03.1992 and the notice issued by the Tehsildar dated 19.08.1995 and to take appropriate decision after giving an opportunity of hearing to the petitioner and to pass a reason and speaking order within eight weeks from the date of receipt of this order.

Writ application is disposed of.

This Court has disposed of the writ petition without calling for the affidavits, the allegations made in the writ petition are deemed to be not admitted.

( Krishna Rao, J. )