K.Ramachandran v. Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/872/2023 K. Ramachandran Vs.

The Andaman and Nicobar Administration and others Ms. G. Mini ... for the petitioner Mr. V.D.Sivabalan ... for the respondents August 17, 2023 [SR] Item No.10 The father of the petitioner allegedly encroached government land measuring an area of one hectare bearing Survey No. 203 prior to the year 1978. Prayer was made by the father of the petitioner for regularization of the said land in his favour.

From the documents annexed to the writ petition it appears that, an opportunity of hearing was given to the father of the petitioner but for some medical reasons the father of the petitioner was unable to attend the hearing. His name was not recommended for regularization.

The father of the petitioner repeatedly requested the authorities to regularize the land in his favour. After the death of his father, the petitioner continued to make representation seeking regularization of the land in question. The petitioner claims to be in occupation of the said land till date.

Several representations have been annexed to the writ petition seeking regularization. Prayer has been made for directing the respondent authorities to consider the representation.

As it appears that the representation seeking regularization is pending consideration at the end of the Deputy Commissioner, South Andaman, accordingly, without going into the merit of the claim of the petitioner, the writ petition is disposed of by directing the Deputy Commissioner, South Andaman to consider and dispose of the representation filed by the father of the petitioner in accordance with law at the earliest, but positively within a period of eight weeks from the date of communication of this order. An opportunity of hearing shall be given to the petitioner and all other necessary parties prior to passing a final order in the matter. A reasoned order shall be passed and communicated to the petitioner immediately thereafter. It is made clear that this Court has not entered into the merit of the claim of the petitioner and all points are left upon to be decided by the aforesaid respondent at the time of consideration of the representation filed by the father of the petitioner.

Learned advocate for the petitioner is directed to forward a copy of the representation filed by the father of the petitioner along with all documents in support of the claim for regularization to the aforesaid respondent at the time of communicating the order of the Court. The writ petition being WPA/872/2023 stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J. )