A.Rajeshwari Devi v. The Andaman And Nicobar Administration And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/526/2024 Smt. A. Rajeshwari Devi ... Petitioner Vs.

The Andaman & Nicobar Administration and Anr. ... Respondents Mr. K.M.B. Jayapal ...for the Petitioner Ms. Babita Das ...for the Respondents November 05, 2024 (M.A.Mobin) Item No.4

1. By filing the instant Writ Petition the Writ Petitioner has prayed for issuance of Writ of Mandamus upon the Respondent no.2 authority to carry out the demarcation of the land bearing survey No. 291/1/2 at village Garacharma under Port Blair Tehsil, District-South Andaman.

2. Drawing attention to Page no.15 of the instant Writ Petition it is submitted that the aforementioned plot has been recorded in the name of the Writ Petitioner and therefore there cannot be any predicament on the part of the Respondent no.2 to carry out the demarcation as prayed for since the Writ Petitioner already paid the requisite fee for the same which is evident from Page no.39 of the instant Writ Petition.

3. Learned Advocate for the Respondent authorities submits before this Court that an appropriate order may be passed in this regard.

4. Considering the entire materials as placed before this Court, it appears to this Court that sufficient materials have placed before this Court that the aforesaid plot of land has been recorded in the name of the present Writ Petitioner.

5. Materials have been placed to substantiate that the Writ Petitioner has paid the requisite amount of fees for demarcation.

6. In view of such, while disposing the instant Writ Petition this Court directs the Respondent no.2 to carry out the demarcation of the aforementioned plot in the aforementioned village in the name of the Writ Petitioner positively within a period of 60 days from today subject to payment of any other fees as required to be paid by the Writ Petitioner for carrying out the work of demarcation.

7. Learned Advocate for the Respondent authorities is hereby requested to communicate the server copy of this order to the Respondent no.2 for his immediate compliance.

8. It is however made clear since Affidavit has not been called for, the allegation made in the Writ Petition is deemed to have been denied and not admitted.

9. With the aforementioned observation the instant Writ Petition is disposed of.

10.

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.

(Partha Sarathi Sen, J.)