Mohammed Ali And ANR v. Andaman And Nicobar Administration And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/886/2023 Mohammed Ali and another Vs.

The Andaman and Nicobar Administration and others Mr. Mohammed Tabraiz ... for the petitioners Mr. V.D.Sivabalan ... for the respondents August 24, 2023 [SR) Item No.3 An application filed by the petitioners seeking permission for diversion of their land is pending consideration at the end of the Sub Divisional Officer since June, 2018. A reminder was filed in August, 2023. None has been considered till date.

The learned advocate representing the petitioners rely upon the judgment passed by a Coordinate Bench of this Court on 11.01.2023 in WPA/43/2019 in the matter of Smartspace Infrastructure Private Limited and others vs. Union of India and others wherein the Court was of the opinion that the Sub Divisional Officer is the competent authority to decide the issue in question.

I have heard submissions made on behalf of both the parties.

As it appears that the application filed by the petitioners is pending consideration for a considerable period of time, accordingly, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the Sub Divisional Officer, South Andaman District, being respondent no. 2 herein, to consider and dispose of the application filed by the petitioners in accordance with law at

the earliest, but positively within a period of eight weeks from the date of communication of this order.

A reasoned order shall be passed and communicated to the parties immediately thereafter. Prior to passing a final order in the matter, a reasonable opportunity of hearing shall be given to the petitioners.

It is made clear that this Court has not entered into the merit of the claim of the petitioners and all points are left open to be decided by the aforesaid respondent at the time of consideration of the application made by the petitioners. Learned advocate for the petitioners is directed to forward a copy of the application received by the respondent authority on 21st June, 2018 and reminder dated 9th August, to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition 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. )