Smti.A. Sharda v. The Tehsildar And ANR
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/513/2024 Smt. A. Sharda ... Petitioner Vs.
The Tehsildar and Another ... Respondents Mr. Gopala Binnu Kumar Ms. Vinita Devi ...for the Petitioner Ms. Babita Das ...for the Respondent no.1 October 04, 2024 (M.A.Mobin) Item No.10 The order passed by the Tehsildar, Campbell Bay Tehsil dated 14.06.2024 is assailed in this Writ Petition. The land bearing Survey No. 26, measuring an area to the extent of 2.1700 Sq. Mtrs. and land bearing Survey No. 241, measuring an area of 1.4700 Sq. Mtrs. situated at Vijay Nagar, Campbell Bay Tehsil, Great Nicobar District was allotted in favour of one A. Alfrad who happens to be the father of the petitioner. After the death of the father, the said land being Survey No.26, measuring an area 2.1700 Sq. Mtrs. and the land being Survey No. 241 measuring an area of 1.4700 Sq. Mtrs. were jointly recorded in the name of the petitioner and her only brother A. Kanna Rao (since deceased). Thereafter, the brother of the petitioner expired. The said brother of the petitioner during his lifetime executed a WILL on 10.07.2023 in favour of the petitioner
bequeathing his share in respect of the property-inquestion. It is further contended by the petitioner that on 27.07.2023 the petitioner filed an application before the respondent no. 1 with a prayer for mutation of the subject land in her favour. That once the petitioner submitted an application praying for mutation, the respondent no. 2 submitted an application for mutation on 27.07.2023 wherein the respondent verbally informed that the brother of the petitioner during his lifetime executed another WILL on 13.01.2023 in favour of the respondent no. 2 and the said WILL was registered before the Sub-Registrar. The petitioner submitted an application before the authority for mutation of the said land. As the respondent did not mutate the land in favour of the petitioner the Writ Petition was taken out by the petitioner being No. WPA/130/2024 and that Writ Petition was disposed of by giving direction upon the respondent no. 1 to consider the representation made by the petitioner within a time frame manner.
The said representation was disposed of by the respondent no.1 by passing the impugned order dated 14.06.2024.
The relevant portion of the said impugned order is quoted herein below:- "Being aggrieved and dissatisfied with the said impugned order the present petitioner preferred this Writ
Petition on the ground that the impugned order passed by the Tehsildar does not sustain under the provision of law and he has no jurisdiction to pass such order". Learned Counsel appearing on behalf of the official respondent submits inter alia that as per Rule 28(1) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 an appeal shall lie from several original orders passed under this Regulation or this rule where if such order is passed by any Revenue Officer subordinate to the Sub-Divisional Officer, whether or not the Officer passing the order is invested with the powers of Deputy Commissioner to the Sub-Divisional Officer.
It is submitted by the learned Counsel on behalf of the Official Respondent that the present Writ Petition filed by the writ petitioner challenging the impugned order passed by the Tehsildar is not at all maintainable. At the time of hearing, Learned Counsel appearing on behalf of the parties candidly submits that the disputes relating to the execution of the two WILLs executed by the executor shall be adjudicated by the Civil Court in accordance with law.
It is submitted by the learned Counsel appearing on behalf of the petitioner that suit has already been instituted by the petitioner before the Civil Court but the number of the suit has not yet been provided.
In view of the above facts and circumstances the order passed by the Tehsildar, Campbell Bay dated
14.06.2024 shall not be given effect till the disposal of the suit as instituted on behalf of the petitioner. With the above directions the instant Writ Petition being no. WPA/513/2024 stands disposed of.
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.)