Krishna Devi v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/527/2024 Smti. Krishna Devi ... Petitioner Vs.

The Andaman & Nicobar Administration and Ors. ... Respondents Mr. K.M.B. Jayapal ...for the Petitioner Ms. Babita Das ...for the Respondents November 05, 2024 (M.A.Mobin) Item No.5

1. By filing the instant Writ Petition the Writ Petitioner has alleged for non-consideration of his prayer for regularization of encroached land in Survey No.203/P at village Taylorabad under Port Blair Tehsil, District South Andaman by the Respondent authorities under the scheme of regularization of 1987.

2. It is submitted that the Respondent authorities are duty bound to consider the representation of the Writ Petitioner as available at Page no.22 of the instant Writ Petition as per the scheme of Regularization, 1987.

3. Learned Advocate for the Respondent authorities however contends that the representation of the Writ Petitioner is an old one i.e. dated 20th October, 2003.

4. Upon consideration of the entire materials as placed before this Court, this Court considers that justice would be sub-served if the Respondent no.2 herein is directed to consider the instant Writ Petition as a representation of the Writ Petitioner.

5. Accordingly, while disposing the instant Writ Petition this Court directs the Respondent no.2 i.e. the Deputy Commissioner, Port Blair, South Andaman district to consider the instant Writ Petition as a representation of the Writ Petitioner and thereafter giving an opportunity of hearing to the Writ Petitioner and/or to her learned Advocate shall pass a reasoned order in terms of the prevailing law as well as under the prevailing scheme and shall communicate such order to the Writ Petitioner. The entire exercise as indicated above is to be completed within 60 days from today.

6. Learned Advocate for the Respondent authorities is hereby requested to communicate the server copy of this order to the Respondent no.2 for his compliance in letter and spirit.

7. Since the Affidavits have not been called for in the instant Writ Petition the allegation(s) in the Writ Petition is/are deemed to have been denied and not admitted.

8. 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.)