Hobdipur Co Operative Coconut Farming Society Limited v. The Andaman And Nicobar Administration And ANR

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** WPA/615/2025 Hobdipur Co-operative Coconut Farming Society Limited Vs The Andaman & Nicobar Administration & Anr.

Mrs. G. Mini ... for the petitioner Mr. V.D. Sivabalan ... for the Respondents April 22, 2026 [AKB] Item No.1 1.

The petitioner society is challenging the Tehsildar' Orders of rejection dated 05.12.2025 which has been passed pursuant to a Coordinate Bench order dated 07.11.2025. The society claims it has been formed by allottees, registered with Registrar of Cooperative Societies and is using the land for coconut plantation as per its Bye-Laws. The main object clause is being reproduced herein below:- "The objects of the Society is to do the Coconut Plantation in the lands allotted in the name of the Society or from amongst those individual person who have been allotted land and who have subsequently formed into a Cooperative Coconut Farming Society with the object of coconut plantation and objects herein given below."

2.

It is submitted that as per Section 142 Sub Section (b) that the petitioner, being tenure holders, still remains a non occupancy tenants and despite making repeated attempts to convert the status of the land from non occupancy tenant to occupancy tenant, respondent No.2 rejects such applications on the ground that the land shall be put to use for non agricultural/commercial purpose.

3.

Learned counsel appearing for the respondent authorities submits that the petitioners have been unable to produce relevant documents to show that the transfer of allotment of land from the individual to the society has been lawfully effected.

4.

In this context, learned counsel for the petitioner submits that till date they are in occupation of the land and the land revenue is being paid in the name of the society. 5.

It is further submitted that without prior leave of the authority concerned under Section 40 of Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations (hereinafter referred to as the said regulation), the user of the land cannot be changed.

6.

Learned counsel draws the attention of this Court the Record of Rights at page 24 being Annexure P4 and order dated 26.02.2001 being annexure P6 at page 27 to demonstrate that initially the lands stood in the name of the cultivators and subsequently, the same have been transferred to the society by forming a cooperative for using the land for agricultural purpose in the name of the Hobdipur Co-operative Coconut Farming Society Limited.

7.

Since the cultivators of the Hobdipur area have been initially allowed 220 acers of land at Mahwa Dera and 10 acers each for the purpose of coconut plantation and subsequently, the cultivators remained in possession of 140 acers of land out of 220 acers of land since some of the tenants have already left the society.

8.

In view of the above, I find that the petitioner has been able to make out a prima facie case and an interference is warranted at this stage. An order of rejection passed by the Tehsildar pursuant to direction of a Coordinate Bench is amenable to judicial review under Article 226 of the Constitution of India.

9.

Section 142 (6) is a beneficial provision intended to confer occupancy rights on cultivating non occupancy tenants to secure tenure. It must be construed liberally to advance agrarian reform. Rejection on speculative ground of future non agricultural use, when present use is admittedly agricultural defeats the statutory object. It is well settled that the burden lies on the State to prove misuse as held in State of Punjab vs. Jagit Singh reported at (2017) 1 SCC 148.

10.

It is further made clear that the issue of change of user of the land from coconut plantation to tourism is unsustainable in the eye of law since Section 40 of Andaman and Nicobar Island Land Revenue and Land Reforms regulations, contemplates 'prior permission' to be required for changing the user of the land.

11.

After careful consideration of the case and upon perusing the record, I am of the considered view that respondent No.2 is directed to revisit this issue by considering the Record of Rights and the order dated 26.02.2021 being Annexure P4 and P6 respectively in light of the objects of the Bye-Laws of the Hobdipur Co-operative Coconut Farming Society Limited and pass a reasoned order in accordance with law peremptorily on

9th June, 2026. On that date the Tehsildar is directed to hold a meeting and give an opportunity of hearing to the petitioner and other stakeholders, if any, by taking a logical decision in accordance with law.

12.

However, it is made clear that upon being satisfied with the relevant records the respondent No. 2 shall forthwith take necessary steps to transfer the status from non occupancy to occupancy right of the petitioners herein.

13.

In view of the above the order dated 05.12.2025 is quashed and set aside. The writ petition being WPA/615/2025 is accordingly disposed of.

(Smita Das De, J.)