Shri. B.Appanna v. The Lt.Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/579/2025 Shri B. Appanna Vs The Lt. Governor and Others Mr. Lokesh Chezian N.

... for the petitioner Mr. Rakesh Kumar ... for the respondents Nos. 1 - 2 November 28, 2025 [AKB] Item No.15 The petitioner's prayer is to implement an order of the Secretary, Municipal Council, dated November 8, 2024, which has been subsequently affirmed by the statutory First Appellate authority i.e. Deputy Commissioner, South Andaman District in FA No. 35 of 2025, vide an order dated July 16, 2025. The Secretary, Municipal Council in his order dated November 8, 2024 has directed that the illegal construction of the private respondent herein should be demolished, within a period of thirty days from the date of receipt of his order, by the respondent authority.

In the first appeal filed challenging the said order of the Municipal Council, the First Appellate authority has passed its order on July 16, 2025 upholding the order of the Municipal Council as above and directing the Secretary, PBMC to take necessary action in terms thereof.

Mr. Lokesh Chezian, learned advocate representing the writ petitioner has contended that inspite of the first appeal being dismissed and though there is no other further legal

proceeding now existing, to challenge the order of the First Appellate authority, the respondent Municipal Council is not acting upon its own order by demolishing the concerned premise.

In this circumstances, Mr. Lokesh Chezian N., learned advocate says that the petitioner has submitted a representation dated July 17, 2025 before the respondent authorities, which is yet to be considered by the said authority. On the factual background as discussed above the petitioner has prayed for an appropriate order in this writ petition.

Mr. Rakesh Kumar, learned advocate appears for the respondents. He, however, is not instructed whether any Second Appeal has been preferred as against the order of the First Appellate Authority in FA No. 35 of 2025. Having heard both the learned counsels and perusing the record, I find it proper to direct the respondent No. 2, the Secretary, Sri Vijaya Puram Municipal Council, South Andaman, to immediately consider and decide upon the representation submitted by the present petitioner dated July 17, 2025, after granting reasonable opportunity of hearing to the petitioner as well as the private respondent herein. Needless is to say that unless there is any Second Appeal pending, the respondent authority would naturally and reasonably duty bound to comply with its own order dated November 08, 2024.

Exercise as directed above should be completed by the respondent No.2, within a period of six weeks from the date of communication of copy of this order.

With the above direction the writ petition is disposed of. Parties to act on the server copy of this order downloaded from the official website of this Court.

(Rai Chattopadhyay, J.)