Shri.Chittaranjan Mondal v. The Andaman And Nicobar Administration And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/566/2024 Shri Chittaranjan Mondal ... Petitioner Vs.

The Andaman & Nicobar Administration and Anr. ... Respondents Ms. G. Mini ...for the Petitioner Ms. Babita Das ...for the Respondents November 12, 2024 (M.A.Mobin) Item No.7

1. By filing the instant Writ Petition the Writ Petitioner prays for issuance of Writ of Mandamus upon the Respondent no.2 to implement its own order dated 10.10.2023 as passed in RC no.189/TLA/2023 as well as the subsequent order passed by the self same authority i.e. the Respondent no.2 on July 26, 2024 as passed in RC no.60/TLA/2024.

2. It is submitted that in respect of Survey no.6/2 the Writ Petitioner is the recorded owner/tenant and on the basis of a complaint made by the Writ Petitioner the initial order dated 10.10.2023 was passed by the Respondent no.2 Authority directing immediate removal of the construction made by one Smt. Purnima Mondal @ Devnath.

3. Drawing attention to Page no.16 of the instant Writ Petition it is submitted that challenging the said order dated 10.10.2023 the said Purnima Mondal @ Devnath had preferred a Writ Petition being WPA 978 of 2023 which is however dismissed for default on August 06, 2024 by a Coordinate Bench of this Court.

4. It is submitted that even thereafter another order was passed on July 26, 2024 for removal of the structure as mentioned supra but the same has not been implemented. It is further submitted on behalf of the Writ Petitioner that challenging the order of dismissal dated 06.8.2024 in WPA 978 of 2023 no appeal has been preferred and/or no application has been filed for restoration of the same.

5. Such being the position while disposing the instant Writ Petition this Court directs the Respondent no.2 to implement its own order dated 10.10.2023 as passed in RC no.189/TLA/2023 as well as the order dated July 26, 2024 in RC no.60/TLA/2024 positively within a month from the date of communication of the Server Copy of this order.

6. Liberty is given to the Respondent no.2 to seek police help from the Station House Officer of the Jurisdictional Police Station and in the event any

such requisition for deployment of police personnel is made by the Respondent no.2 the Station House Officer of the Jurisdictional Police Station is directed to provide adequate number of Police Personnel for due implementation of the aforementioned two orders.

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

8. Learned Advocate for the Respondent authorities is requested to communicate this order to the Respondent no.2 as well as to the Superintendent of Police, A & N Islands, for their due compliance.

9. Urgent Photostat certified copy of this order be supplied to the parties after compliance of all required formalities.

(Partha Sarathi Sen, J.)