Mangla Krishna v. The Sub Divisional Officer And ANR
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/750/2023 Smt. Mangla Krishna ... Petitioner Vs.
The Sub Divisional Officer and Anr ... Respondents Ms. G. Mini ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondents July 17, 2023 (M.A.Mobin) Item No.19 The Writ petitioner claims that she was a recorded tenant of land bearing Survey No.548/2 having an area of 1.00 Hects. situated at Prothrapur Village under Port Blair Tehsil, District-South Andaman (hereinafter referred to as the said property). It is the petitioner's case that the said property was sold to 41 persons including her husband by a Registered Deed of Sale dated 16th June, 2003. As per the Sale Deed an area of 560 Sq. Mtrs., was identified for being surrendered for road.
On 23rd October, 2016 the Writ Petitioner's husband who had acquired an area of 2000 Sq. Mtrs. by the aforesaid Sale Deed, expired. Consequent upon the death of the petitioner's husband the aforesaid land was jointly mutated in the name of the Writ Petitioner, her two sons and a daughter. Since the petitioner wanted to sub-divide
their respective plots under the occupation of the petitioner and the cotenants, the petitioner had approached the Patwari, who was of the view that 560 Sq. Mtrs of land shown in the Sale Deed for construction of road was required to be surrendered.
By overlooking the surrender of 560 Sq. Mtrs already effected by the petitioner in the year 2009 by reasons of oversight, the petitioner had applied for surrender of the 560 Sq. Mtrs of land by making an application on 14th November, 2018.
Consequent upon the same an RC Case being no.3191 of 2018 was initiated and by an order dated 19th December, 2018, the Tehsildar in terms of Section 153 of A & N Islands Land Revenue and Land Reforms Regulation, 1966 (hereinafter referred to as the said Regulation) had passed an order thereby accepting surrender of 560 Sq. Mtrs of land situated at Prothrapur village for construction of approached road.
It is the petitioner's case that subsequently having realized that the aforesaid 560 Sq. Mtrs of land had already been surrendered and taken over by the Tehsildar, the petitioner by letter dated 16th September, 2020 had prayed for rectification of the error and cancelation of the order dated 19th December, passed R.C.
Case No.3191/TPB/2018.
Subsequently, the petitioner also in terms of Section 89 of the said Regulation had applied for correction of
wrong entry in the revenue record as regards further surrender of 560 Sq. Mtrs of land.
Ms. G. Mini, learned Advocate representing the petitioner by drawing attention of this Court to the note dated 22nd April, 2021 issued by the Tehsildar, submits that the Tehsildar in his report had noted, inter alia, as follows:
"The report further reveals that the actual area of Sy No 548/2 was 1.00 Hects out of which tenants have surrendered land for path/common purpose twice in the following manners:
1. An area measuring 0.1406 Hects surrendered for the common purpose vide TPB's order dated 02/01/2009 in RC No.1253/08/TPB and
2. An area measuring 0.0560 Hects out of remaining area measuring 0.8238 Hects of Sy No. 548/2 out of the Share of Smti Mangala Krishna W/o Late S V Krishna Surrender for the purpose of road, vide TPB order dated 19/02/2019 RC No.3191/TPB/2018.
Now, the applicant has requested for the cancellation of aforementioned order vide Sl No 02 (RC No 3191/TPB/2018) with the request that surrendered area measuring 0.1406 Hects (Sl No 1 as mentioned above) was indeed inclusion of area 0.0560 Hects also and that the road has already been built and as on date no need for the surrendered area measuring 0.0560 Hects physically.
As per land records the recorded area measuring 0.0560 Hects out of Sy. No. 548/2 is presently recorded in the name of Govt. Revenue Department." Since the application filed by the petitioner under Section 89 of the said Regulation was rejected by the Tehsildar, Port Blair, inter alia, on the ground that there is no provision in the said Regulation for restoration of surrendered land, the petitioner has filed an appeal against the order dated 19th December, 2018 passed in Revenue
Case No.3191 of 2018 before the Sub-Divisional Officer, South Andaman. According to Ms. G. Mini, learned Advocate representing the petitioner, despite the aforesaid appeal being registered on 7th June, 2022 the same has not been disposed of.
Mr. Arun S. Kumar, learned Advocate representing the respondents enters appearance in this matter. Having considered the submission made by the respective parties, I am of the view that without going into the controversy involved in the present proceedings the Writ application can be disposed of by directing the respondent no.1 to hear out and dispose of the appeal pending before him accordance with law, as expeditiously as possible within a period of three months from the date of communication of this order. The respondent no.1, however, shall take the decision in the Appeal being influenced by any of the observations made herein. Since no affidavit in opposition has been called for the allegations made in the Writ application are deemed not to have been admitted by the respondents.
With the aforesaid direction the present Writ application stands disposed of.
No order as to costs.
(Raja Basu Chowdhury, J.)