Smt. Purnima Mondal @ Devnath v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/702/2024 Smti. Purnima Mondal @ Devnath Vs.

The Tehsildar Mr. K. Sabir ... for the petitioner Ms. Babita Das ... for the respondent Ms. G. Mini ... for the intervenor (Chittaranjan Mondal) December 12, 2024 [SR] Item no. 5 1.

The petitioner is aggrieved by the order dated 02.12.2024 passed by the Tehsildar, Little Andaman under Section 104 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 directing eviction of the petitioner over the recorded path bearing Survey No.8 situated at Village Rabindra Nagar on 07.12.2024.

2.

The specific case of the petitioner is that the said order was passed without affording her any opportunity of hearing. It has been submitted that the portion of the land from which the petitioner is to be evicted is not clearly mentioned in the order of eviction.

3.

Attention of the Court has been drawn to the earlier order passed by the Tehsildar on 10.10.2023 and 26.07.2024 in support of the submission that the quantum of land alleged to be occupied by the petitioner has not been properly recorded in any of the said orders.

4.

The petitioner has filed a representation before the Tehsildar which is pending consideration. The date fixed for eviction is over and the eviction has not taken place as yet. 5.

Prayer has been made to direct the Tehsildar to revisit the issue after giving the petitioner an opportunity of hearing. 6.

Though the eviction proceeding has been initiated in response to the complaint lodged by Chittaranjan Mondal, but the said complainant has not been impleaded as party respondent in the instant writ petition. The learned counsel for the complainant appears in Court and seeks permission to make submission.

7.

As the order of the Tehsildar has been passed in compliance of the order passed in the writ petition filed by the complainant, the Court permits the learned advocate for the complainant to make submission.

8.

It has been submitted that the petitioner challenged the earlier order of the Tehsildar passed in the year 2023 and obtained an ex parte order of stay. Thereafter, the petitioner did not proceed with the matter and the said case stood dismissed for default.

9.

It is only thereafter that the complainant filed the writ petition being WPA/566/2024 for implementing the order passed by the Tehsildar. The Court considered the submission of the complainant and passed necessary order on 12.11.2024. 10.

Learned advocate representing the Administration submits that the impugned order is an appealable one and the writ petition is not maintainable.

11.

Upon hearing the parties and upon perusal of the materials on record, it appears that the Tehsildar has taken steps in compliance with the order dated 12.11.2024 passed by the Court in WPA/566/2024. Admittedly, the petitioner was not a party in the said writ petition. There is nothing on record to suggest that the survey or spot inspection was conducted upon notice to the petitioner.

12.

The petitioner has disputed the quantum and position of the land mentioned in the impugned order of eviction passed by the Tehsildar.

13.

For the purpose of conducting any eviction, the authority should specify and clearly indicate the portion of the land which will be affected by the order of eviction. If there is vagueness with regard to the details of the land from which the eviction will be made then the same will give rise to further legal complication.

14.

In the instant case, there are three figures of the land mentioned in the order of the Tehsildar which will be affected by the order of eviction. Till the proper portion, which is required to be made clear is identified, the eviction cannot be conducted smoothly.

15.

It appears that the petitioner has already filed a representation before the Tehsildar raising all issues which is pending consideration.

16.

The instant writ petition is, accordingly, disposed of by directing the Tehsildar, Little Andaman to consider the representation filed by the petitioner in accordance with law

after giving a reasonable opportunity of hearing to all the necessary parties including the complainant and dispose of the same by passing a reasoned order.

17.

The Tehsildar shall conduct spot inspection upon prior notice to all the parties to identify the portion of the land which is to be cleared.

18.

Steps shall be taken in the matter at the earliest but positively within a period of eight weeks from the date of communication of this order. Till the representation of the petitioner is finally disposed of the Tehsildar shall not give any effect or further effect to the impugned order dated 02.12.2024. 19.

There shall be no order as to costs.

20.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Amrita Sinha, J. )