Manju Chakrabarty v. The Deputy Commissioner And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/792/2023 Smt. Manju Chakrabarti ... Petitioner Vs.

The Deputy Commissioner and Anr. ... Respondents Mr. N.A. Khan ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondents July 20, 2023 (M.A.Mobin) Item No.25 The petitioner claims to be a recorded tenant in respect of Survey No.203/1 situated at Manglutan village under Ferrargunj Tehsil, South Andaman.

It is the petitioner's case that although, Late Binay Bushan Chakraborty, a recorded tenant in respect of the aforesaid plot had made and published a will during his lifetime and has bequeathed 1/5th of his share in the survey plot Nos. 203, 34, 35, 25, 26 and 27 Manglutan village, South Andaman unto and in favour of the petitioner and the balance 4/5 share to Smt. Anjali Chakraborty and despite the said Anjali Chakraborty transferring her aforesaid 4/5 share in favour of the petitioner, the revenue authorities have not acted on the basis thereof and the said will.

Mr.

Khan, learned Advocate representing the petitioner submits that notwithstanding the petitioner

having made an application to the Deputy Commissioner, South Andaman who is the authority for correction of record of rights in terms of Section 89 of the Andaman & Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, such application has been kept pending and has not been disposed of till date. He prays for a direction upon the Deputy Commissioner, South Andaman to expeditiously dispose of the aforesaid application. Mr. Sivabalan, learned Advocate, enters appearance on behalf of the Administration and submits that it is for the Tehsildar to adjudicate upon the dispute between the parties and not the Deputy Commissioner.

Heard the learned Advocates appearing for the respective parties and considered the materials on record. From the records of the proceedings I find that Form F has already been issued by the office of the Tehsildar, Andaman & Nicobar Administration recording the name of the petitioner and the said Smt. Anjali Chakraborty. The petitioner is aggrieved with the recording made therein since, according to the petitioner the Tehsildar while recording the name of the occupants did not take into consideration the will executed by Binay Bushan Chakraborty.

Having regard to the aforesaid and considering the fact that an application has already been made for correction of wrong entry in the land records, I am of the view that the present application can be disposed of by

directing the respondent no.1 to expeditiously dispose of the petitioner's application which is pending before him since 20th March, 2023 within a period of eight weeks from the date of communication of this order after giving an opportunity of hearing to the parties, by passing a reasoned order. I, however, make it clear that the respondent no.1 shall take a decision in the matter being uninfluenced by any of the observations made herein.

Since, I have not called for any affidavit the allegations contained in the Writ Petition are deemed not to have been admitted by the respondents.

There shall be no order as to costs.

The Writ application is accordingly disposed of. (Raja Basu Chowdhury, J.)