Shri.Tapan Kumar Das v. The Lt.Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** WPA/498/2025 Shri Tapan Kumar Das Vs The Lt. Governor and Others Mr. K. Vijay Kumar ... for the petitioner Mr. V.D.Sivabalan Mr. Arun S. Kumar ... for the respondents November 20, 2025 [AKB] Item No.8 The son and legal heirs of Motilal Das (now deceased), who was earlier issued a notice dated 27.05.2002 to vacate his encroachment and shift to the de-reserved blocks in terms of the policy decision of the government and order of the Hon'ble Supreme Court dated 07.05.2002 in WP (C) No. 202 of 1995, has filed the instant writ petition to seek rehabilitation in the manner as mentioned in the said notice dated 27.05.2002. Learned advocate Mr. K.

Vijay Kumar appearing for the petitioner has submitted that the predecessor/father of the present petitioner was an encroacher in the reserved forest area, who have been issued the notice as mentioned above, to vacate the encroachment and shift to the de-reserved blocks. Allegedly, however, since thereafter there was no progress in the matter regarding rehabilitation of the family. Hence the petitioner has moved the instant case to seek relief that the respondent authority may be directed to immediately rehabilitate the writ petitioner in terms of the notice dated 27.05.2002.

In his argument learned advocate for the petitioner has also relied on a previous decision of this Court dated 27.04.2024 in WPA/147/2024 in which the Court has granted relief to the writ petitioner there, directing the respondent authority to consider such prayer of the writ petitioner and decide thereupon.

He seeks similar order for the present writ petition. Mr. Arun S. Kumar, learned advocate has represented the respondent authorities.

Having heard both the advocates and perusing the records as well as the previous orders of this Court as above, let this writ petition be disposed with the following direction: i.

Let the respondent No.3/the Deputy Commissioner, North and Middle Andaman District, Mayabunder treat the present writ petition as a representation of the petitioner and decide thereupon by dint of reasoned order.

ii.

The said respondent shall afford reasonable opportunity of hearing to the writ petitioner and pass a reasoned order within a period of sixteen weeks from the date of communication of the copy of this order.

With the above direction the writ petition being WPA/498/2025 is disposed of.

Parties to act on the server copy of this order downloaded from the official website of this Court.

(RAI CHATTOPADHYAY, J.)