Shri. Madhu v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** WPA/603/2025 Shri Madhu Vs.

The Andaman and Nicobar Administration and Others Ms. G. Mini ... for the petitioner Mr. Rakesh Kumar ... for the respondents December 16, 2025 [AKB] Item No.4 1.

The writ application has been preferred praying for setting aside the impugned order dated 08.08.2025 passed by respondent No.2, rejecting the petitioner request for sub division of land and the respondent No.2 to dispose of the representation dated 01.04.2019 by Sub dividing the land bearing survey No. 13/1 measuring area 0.28 hects and Survey No. 14 measuring area 2.178 hects situated at Krishna Nagar Village, under Port Blair Tehsil, District of South Andaman in terms of the consented proposal dated 01.04.2019 with such minor technical corrections to the map and path/road alignment as may be required under law, within a time bound period as may be fixed by this Hon'ble Court. 2.

On hearing the learned counsel for the parties and on perusal of the materials on record, it appears that the application for sub division of land filed by the petitioner herein undated being annexure P3 is not a complete application, as even though the five joint recorded tenants have signed in the relevant column in the said application, the application has

been signed only by the three joint tenants and not the other two tenants.

3.

It is contention of the learned counsel for the petitioner that as per relevant rules and regulations of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966, the petitioner who has complied with all the relevant provisions as required being Sections 49, 50 and 51 of the Regulations and 48 of the Rules submits that the Deputy Commissioner has the power to not only carry out the sub division of the land but also to declare a path 'on the consent of the joint tenants'.

4.

On the other hand learned counsel for the respondent - administration submits that the petitioner herein has not complied with the mandatory provisions of Regulation 153 Clause 1 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966 and for such non compliance, authority concerned could not allow the prayer of the petitioner and has thus passed the impugned reasoned order dated 08.08.2025 in compliance of the High Court's direction in WPA/434/2024.

5.

The Deputy Commissioner, South Andaman passed the following order:- "And Whereas, the proposal for the sub-division of land bearing 13/1 and 14 area measuring 0.28 and 2.1780 Hects respectively situated at Krishna Nagar Village under Sri Vijaya Puram Tehsil is not found in conformity with section 51 and 68 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation 1966 read with the Rule 48 of the Andaman and Nicobar Islands Land Revenue and Land Reform Rules 1968, on the following grounds:-

1. That the rectified sub-division proposal, as sought vide the Assistant Commissioner (S), A & N Islands Notice dated 19.07.2021 is yet to be complied with by the petitioner.

2. The tenants Pushpa Biswas, Purnima Kachwa and Narayan Halder are still having individual shares out of the Agriculture land bearing Sy. No 13/1 and 14 which is less than 200 Sqmtrs in each Sy. Nos. hence the share holding pattern contravenes the Rule 48, Clause (a) of Andaman & Nicobar Land Revenue and Land reforms Rule, 1968.

3. Non surrender of an area measuring 0.0130 Hects, proposed as Sy No. 14/5 as 'Path' in the proposed sub-division map.

4. Non availability of the major part of the land bearing Sy. No. 14/1 on the field due to change in the flow of adjacent Nallah. Now therefore, in view of the above observations, the representation dated 01.04.2019 in RC No. 106/GIS/2019/DC(SA) for the sub-division of land bearing Sy. No.13/1 and 14 area measuring 0.28 and 2.1780 Hects respectively situated at Krishna Nagar Village under Sri Vijaya Puram Tehsil cannot be allowed." 6.

On hearing the learned counsels for the parties and on perusal of the materials on record and relevant provisions of the rules and regulations relied upon, this Court finds that the application made before the authorities concerned is not in proper form and incomplete and, as such, a fresh application is to be filed by the petitioner herein which shall be done within thirty days from the date of this order.

7.

The petitioner is further directed to comply with the procedure of surrender by joint tenants and other formalities as per law before the authority concerned within the period as permitted by this Court.

8.

The authority concerned then shall proceed to dispose of the said representation of the petitioner, on considering the materials on record and on hearing the petitioner by passing a reasoned order, in accordance with law, within 60 days thereafter.

9.

It is clarified that in case there is any laches on the part of the petitioner in complying with any of the formalities as

required under the law for the sub division of land as prayed for, the Deputy Commissioner shall guide the petitioners herein to apply and meet the said formalities at the earliest.

10.

The Deputy Commissioner shall also assist the petitioner to submit the applications as per the provision of law and shall not proceed to dismiss the prayer of the petitioner on technical grounds/issues in the interest of justice. Be it noted that the petitioner representation dated 01.04.2019 has already been considered in the earlier writ application.

The writ petition is accordingly disposed of along with all connected application, if any.

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

[Shampa Dutt (Paul), J.]