Fathima v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/891/2023 Fathima Vs.

The Andaman and Nicobar Administration and others Ms. G. Mini ... for the petitioner Mr. V.D.Sivabalan ... for the respondents August 21, 2023 [SR] Item No.9 The petitioner claims to be in occupation of a piece and parcel of land at Plot No.4A/66/1 measuring approximately 200 sq.mtrs at Haddo Village under Port Blair Tehsil. License to occupy the said plot of land for house site was issued in favour of the petitioner on 21st December, 1988. The petitioner claims to be residing at the said plot of land by raising construction. Electricity meter was also installed in her name.

A notice was issued on 12th February, 2020 notifying that a spot inspection would be conducted on 21st February, 2020 and the petitioner was requested to remain present in the spot. The petitioner asserts that she was present at the time of spot inspection.

The petitioner seeks for a direction upon the respondent authority to intimate the amount of premium to

be paid by her so that her name may be recorded in the revenue records.

A representation to the above effect was filed before the Deputy Commissioner, South Andaman on 24th September, 2019 followed by a reminder on 3rd November, 2020. There is no response from the end of the authority.

Learned advocate representing the respondent authorities is yet to receive instruction in the matter. As it appears that a spot inspection was conducted, in February, 2020, the authorities ought to intimate the petitioner the fate of the spot inspection. The petitioner ought to have been made aware about the premium required to be paid by her for regularization of the revenue records. The same has not been done till date.

Repeated representation filed by the petitioner is pending consideration at the end of the respondent authorities.

Accordingly, the present writ petition is disposed of by directing the Deputy Commissioner, South Andaman, being the respondent no.2 herein, to take a decision with regard to the quantum of premium required to be paid by the petitioner for regularizing the subject plot of land in her favour and for recording the same in the revenue records.

A decision shall be taken in the matter at the earliest but positively within four weeks from the date of communication of this order. A reasoned order shall be passed and communicated to the petitioner immediately thereafter. If required, the petitioner may be afforded an opportunity of hearing to place all records in support of her claim.

Learned advocate for the petitioner is directed to forward all the relevant documents 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. )