B.Papa Rao v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/725/2023 B. Papa Rao Vs.

The Andaman and Nicobar Administration and Others Mr. K M B Jayapal ... for the petitioner Mr. Shatadru Chakraborty ... for the respondents July 18, 2023 (AKB) Item No.4 Mr. Jayapal, learned advocate appearing for the petitioner submits that challenging the inaction on the part of the Port Blair Municipal Council (in short, the said Council) to restore the petitioner's land which was illegally taken over without initiation of any acquisition proceedings, the petitioner approached this Court by writ petition being WPA/079/2021. The same was disposed of by an order dated 6th April, 2021 directing the Tehsildar to take a decision. Pursuant thereto, the Tehsildar passed an order on 26th November, 2021 directing the petitioner to approach the competent authority, i.e., the said Council.

Despite communication of the said order to the said Council, no steps were taken and as such the petitioner again preferred a writ petition, being WPA No. 307 of 2021 which was disposed of by an order dated 21st March, 2021 directing the Deputy Commissioner to take a decision. Pursuant to such direction the Deputy Commissioner passed an order on 27th January, 2023 directing the said Council to take immediate necessary action to immediately vacate the affected part of the subject land and to provide the khas possession to the petitioner thereby restoring the land to its earlier status.

As the said order was not being complied with, the petitioner was constrained to prefer another writ petition being WPA/365/2023 which was disposed of by an order dated 23rd February, 2023 directing the said Council to give effect to the order passed by the Deputy Commissioner on 27th January, 2023. In spite of the said order the land was not restored and keeping such compliance in abeyance a statutory appeal was preferred by the said Council.

According to Mr. Jayapal the said appeal itself is not maintainable since the same was not against an order passed under the provisions of Andaman and Nicobar Island Land Revenue and Land Reforms Regulations, 1966.

In course of hearing, Mr. Chakraborty, learned advocate appearing for the respondents has placed before this Court an

order dated 13/12th July, 2023 passed by the said Council. Let a copy of the said order as produced be kept with the record. A copy of same has also been handed over to Mr. Jayapal in Court today.

It appears from the said order that a decision had already been taken by the said Council to restore the area of 36 sq. mtrs being the affected area in the black top road to the writ petitioner in compliance to the order dated 23rd February, 2023 passed in WPA No. 307 of 2021.

In view thereof, the appeal preferred by the said Council has become infructuous and as such no further order is required to be passed in the present writ petition and the same is, accordingly, disposed of.

There shall be no order as to costs.

(Tapabrata Chakraborty, J.)