G.Radha v. Andaman And Nicobar Administration And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/521/2025 G. Radha Vs.

The Andaman and Nicobar Administration and another Mr. Mohammed Tabraiz ... for the petitioner Ms. Babita Das ... for the Administration Mr. Rakesh Kumar ... for the Municipal Council November 7, 2025 [SR] Item No. 13 The petitioner is a widow. She was running a tea stall from Foreshore Road at Haddo. According to the petitioner, she was evicted without allotment of any alternative site/land/shop. She submits that similarly situated persons were given alternative shops/plots/land in the industrial estate. It appears that the petitioner had approached the Hon'ble Lieutenant Governor for a sympathetic considerations for grant of a shop in the municipal market. In my opinion, such prayer ought to have been made before the Secretary of Sri Vijaya Puram Municipal Council, with proper details and facts. It is submitted by Mr. Tabraiz that other similarly situated shop owners had been given alternative shops and the petitioner should not be discriminated upon.

Mr. Rakesh Kumar, learned appearing on behalf of the municipal council submits that the submissions of the petitioner are not totally correct. The petitioner was evicted from the road, on which she was running the tea shop upon

encroaching the same. The municipal council is bound by its policy and cannot give any special treatment to the petitioner. The writ petition is disposed of by granting liberty to the petitioner to make a detailed representation before the Secretary, Municipal council, which shall be considered sympathetically, upon taking into account the number of years that the petitioner has been running the tea stall to maintain her family. The issues of sustenance and survival of the family are involved.

If such representation is filed, the Secretary, Municipal Council shall also consider whether similarly situated persons had been accommodated in other municipal shops and markets and in the industrial estate.

The entire exercise shall be completed within a period of three months from the date of receipt of the representation of the petitioner. A reasoned order shall be communicated to the petitioner.

The writ petition is disposed of accordingly. Parties to act in terms of the server copy of this order downloaded from the website of this Hon'ble Court. ( Shampa Sarkar, J. )