Sujata Dutta v. The Deputy Commissioner And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/540/2025 Sujata Dutta Vs.

The Deputy Commissioner and Others Mr. N. A. Khan .... for the petitioner Ms. Babita Das ... for the respondents December 10, 2025 [SR] Item No.5 Affidavit of service filed in Court is taken on record. In spite of service none appears for the private respondents. The petitioner has challenged the order dated August 20, 2025 passed by the Tehsildar, Ferrargunj Tehsil in TFG/RC No.362 of 2025.

Mr. N.A.Khan, learned advocate appearing for the petitioner submits that such order was passed without serving any notice upon the petitioner thereby violating the principles of natural justice.

When this matter was taken up on December 08, 2025, the learned advocate appearing for the respondent nos. 1 to 5 sought for time to take instructions as to whether the notice was duly served upon the petitioner prior to the hearing. Today when this matter is taken up for hearing, the learned advocate appearing for the respondent nos. 1 to 5 submits, on instructions, that though the notice of hearing was duly forwarded to the petitioner through registered post but the

same returned to the respondent/sender with an endorsement "addressee left without instruction".

Learned advocate appearing for the respondent nos.1 to 5 submits that steps were taken by the respondents to serve the notice but the petitioner avoided to receive such notice. Thus, no material could be produced by the respondent showing that the notice was duly served upon the petitioner prior to the hearing.

The learned Advocate for the respondent would contend that the writ petition is not maintainable as there is a provision of appeal under the relevant Regulation.

It is well settled that existence of an alternative remedy is not an absolute bar in entertaining an application under Article 226 of the Constitution of India if there has been a violation of the principles of natural justice.

This Court, therefore, holds that principle of natural justice has been violated in the instant case for which this Court is inclined to entertain this writ petition and set aside the order dated August 20, 2025. Accordingly, the order dated August 20, 2025 is set aside.

At this stage, the learned advocate appearing for the respondent nos.1 to 5 suggests that the petitioner may be directed to appear at the office of the Tehsildar, Ferrargunj Tehsil on 6th January, 2026 at about 12.00 noon for hearing. Mr. N.A.Khan, learned advocate appearing for the petitioner agrees to the suggestion made by the learned advocate appearing for the respondent nos. 1 to 5. Since the

time has been agreed upon by the parties in course of hearing of this writ petition, there will be no necessity to serve any further notice of hearing to the petitioner.

The petitioner is directed to appear before the Tehsildar, Ferrargunj Tehsil on 06th January, 2026 at about 12.00 noon for hearing along with necessary documents in support of his claim.

The Tehsildar, Ferrargunj is directed to pass a reasoned order afresh after giving an opportunity of hearing to the petitioner or her authorised representative and the private respondents or their authorised representatives and shall communicate the reasoned order to the respective parties immediately thereafter.

The entire exercise shall be completed within a period of four weeks from the date of hearing as mentioned herein before. Needless to mention that the Tehsildar, Ferrargunj Tehsil shall be obliged to serve a notice upon the private respondents intimating them the date fixed for hearing.

With the above observations and directions, WPA/540/2025 stands disposed of.

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

( Hiranmay Bhattacharyya, J. )