Sanat Kumar Chakraborty v. The Deputy Commissioner And ORS

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/788/2023 Sanat Kumar Chakaborty Vs.

The Deputy Commissioner and others Ms. G.Mini ... for the petitioner Mr. V.D.Sivabalan ... for the respondents August 16, 2023 (SR) Item No.9 None represents the private respondent despite service. Let affidavit of service be taken on record.

The petitioner is primarily aggrieved by the eviction order dated 21st April, 2023 passed by the Tehsildar, Port Blair under Regulation 104 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966. Learned advocate for the petitioner submits that the fact of sub division of holding came to the knowledge of the petitioner very recently, only after obtaining certified copy of the documents relying on which the eviction order has been passed.

It has been admitted that there has been delay in approaching Court for not having knowledge of the underlying fact of sub division of the holding. Learned advocate representing the respondentsAdministration submits that the impugned order is an appealable one.

From the submissions made on behalf of the petitioner and upon perusal of the materials on record, it appears that

there are several questions of facts which are required to be ascertained and adjudicated by the competent forum. The same cannot and ought not to be adjudicated by the writ court under Article 226 of the Constitution of India. In view of the above, the instant writ petition stands disposed of by granting leave to the petitioner to approach the appellate forum, if permissible in law.

It will be open for the petitioner to make appropriate application seeking condonation of delay in approaching the forum.

The appellate forum is directed to decide the issue in accordance with law upon perusal of the documents and upon hearing all the necessary parties.

Writ petition stands disposed of.

( Amrita Sinha, J. )