Calcutta High CourtWPA/478/2025disposed

Smti.G.Mini v. The Andaman And Nicobar Administration And ANR

2025-10-29Hon'Ble Justice Shampa Sarkar2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/478/2025 Smt G. Mini Vs.

The Andaman and Nicobar Administration and others Ms. G. Mini ... petitioner (in person) Ms. Babita Das ... for the respondents October 29, 2025 [SR] Item No. 9 The petitioner is the recorded tenant in respect of the land bearing survey no.8/6/2 measuring an area of 0.0200 hectares situated at Sippighat Village within Sri Vijaya Puram Tehsil, South Andaman District.

Prior to purchase of the land by the petitioner, the same was recorded in the name of Shri K. Mahendran. Shri K. Mahendran had applied for sub division which was approved by the Deputy Commissioner, South Andaman vide RC Case No.946/04/DC(A).

The petitioner filed an application for demarcation on April 20, 2022 before the Tehsildar, Port Blair Tehsil. The Tehsildar has failed to carry out the demarcation although R.C.Case No. TPB/2025/1104 was initiated. Notices were also issued to the petitioner but demarcation was not done. Suddenly and strangely the case was closed because the Tehsildar could not locate the FMB. The surveyor was directed to procure the same from the District Record Room.

The said action of the authority is highly arbitrary and contrary to law. The petitioner has a right to seek demarcation and sub-division. The authority is duty bound to carry out the same in accordance with rules and measurement of the land. The case cannot be closed because the authorities have misplaced the records. The petitioner is in possession of the map and the deed of sale. There is no doubt the petitioner is the recorded owner. Thus, if the FMB is not available, the authority must carry out the demarcation in accordance with the map which is available at page 16 and also the revenue records including the holding register.

The enter exercise shall be completed within a period of two months from the date of communication of this order. The writ petition is disposed of accordingly. Parties to act in terms of the server copy of this order downloaded from the website of this Hon'ble Court. ( Shampa Sarkar, J. )