The Andaman And Nicobar Administration And ORS v. Raja Bhagwan Das Kapoor

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/22/2023 IA No.CAN/1/2023, CAN/2/2023 The Andaman and Nicobar Administration and others Vs.

Raja Bhagwan Das Kapoor Mr. V.D.Sivabalan ... for the appellants Mr. KMB Jayapal ... for the respondent October 10, 2023 [SR] Item No.2 The appellants have assailed the order of the learned Single Judge passed on Mach 22, 2022 in WPA/25/2022 directing the Deputy Commissioner, South Andaman District, Port Blair to comply with the judgment and decree passed in T.S.No.17/ 2022 within a period of eight weeks from date.

The appeal was preferred only on 18th July, 2023. Learned counsel for the appellants contends that the judgment and decree in question are not executable in view of the Rule 48 of clause (a) of the notification issued on 01.07.1967 by the Chief Commissioner, Secretariat, Andaman and Nicobar Administration, as amended by a notification dated 17th January, 2018.

The judgment and decree have not been challenged by the appellants before the appropriate forum.

In view of the above, we are inclined to hold that since the unchallenged judgment and decree passed in T.S.No.17 of 2012 still holds the field, there is no infirmity in the order passed by the learned Single Judge which requires interference by this Court. Implementation of the judgment and decree cannot be stalled unless the judgment and decree themselves are assailed. The appeal being MAT/22/2023 is accordingly dismissed.

There shall, however, be no order as to costs. The connected applications being CAN/1/2023 and CAN/2/2023 are also dismissed.

Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

( Subhendu Samanta, J.) ( Suvra Ghosh, J.)