Mrs. Angel K. v. The Andaman And Nicobar Administraion And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] ...
WPA/534/2024 Mrs. Angel K.
Vs.
The Andaman and Nicobar Administration and Others Ms G. Mini ... for the Petitioners Ms. Babita Das ... for the respondents November 07, 2024 (Bithika) Item No.3
1. Heard the Learned Advocate for the writ petitioner and Learned Advocate for respondents authorities.
2. By filing the instant writ petition, the writ petitioner has prayed for issuance of writ of mandamus upon the respondent authorities to demarcate and re-fix the boundary of the land bearing survey No. 330/8/2 having an area 0.16 hectares which according to the writ petitioner is in his occupation.
3. In course of his submission, Learned Advocate for the writ petitioner draws attention of this Court to page No. 22 being annexure P-6 of the writ petition. It is submitted that by issuing a notice dated 12.09.2023 the petitioner made a representation with the Deputy Commissioner, South Andaman i.e respondent No. 2 authority praying for demarcation and refixation of othe boundary of the aforesaid plot of land but the same has not been considered.
4. Per contra, Learned Advocate appearing on behalf of the respondent authorities draws attention to this Court to page No. 23 of the writ petition. It is submitted that pursuant to the writ petition a notice was issued upon the writ petitioner on 04.09.2024 for demarcation of the land. However, Learned Advocate for the respondent authorities could not apprise this Court about the outcome of the said notice for demarcation.
5. In view of such and while disposing the instant writ petition, this Court directs the respondent No.2 to consider the writ petitioner's representation dated 12.09.2023 in accordance with law after giving an opportunity of hearing to the writ petitioner and in the event he finds merit in the representation of the writ petition as submitted on 12.09.2023, he shall carry out the demarcation of the land and re-fixation of the boundary in respect of plot bearing survey No. 380/8/2 positively within two months from the date of communication of this order.
6. The respondent No.2 is further directed to communicate its final decision also within the said period.
7. Learned Advocate for the respondent authorities is hereby requested to communicate this server copy of this order to the respondent No. 2 forthwith.
8. Respondent No. 2 is hereby directed to act on the server copy of this order.
9. With the aforementioned, the instant writ petition is disposed of.
10.
Before parting it is made clear that since affidavit has not been called for allegation made in the writ petition is deemed to have been denied and not admitted. 11.
Parties 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.)