Susheel Dixit v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/907/2023 Susheel Dixit Vs.

The Andaman and Nicobar Administration and others Ms. G.Mini ... for the petitioner Mr. V.D.Sivabalan ... for the respondents August 24, 2023 [SR] Item No.13 The petitioner along with the other co-tenants of the subject property seeks for sub-division of the land. Prayer has been made before the Deputy Commissioner, South Andaman way back in the year 2020. The same is yet to be finally disposed of.

It appears that the matter was taken up for consideration by the authority but final order could not be passed in view of certain discrepancy that has been found in the map proposal.

Learned advocate for the petitioners submit that the petitioner and other co-tenants are laymen and they are not aware of the provisions of law and the manner in accordance with which the map is required to be prepared. The proposal map appears to have been prepared by the petitioner and other co-tenants, without taking any professional help.

The respondent authority issued notice of hearing on several occasions to all the necessary parties. The petitioner

asserts that the petitioner was duly represented on all the dates of hearing. The co-tenants are also agreeable for the sub-division to be made.

From the submissions made on behalf of the parties and upon perusal of the materials on record, it appears that the sub-division could not be affected on account of discrepancy in the proposal map submitted by the parties. The Deputy Commissioner, South Andaman District is directed to advice the petitioner and other co-applicants the manner in which the discrepancy may be removed so that the sub-division, as prayed for, may be affected. If required, the authority may prepare the proposal map according to which the sub-division may be done.

An opportunity of hearing shall be given to all the necessary parties. A final order shall be passed in the matter at the earliest but positively within a period of eight weeks from the date of communication of the order.

Learned advocate for the petitioner is directed to forward a copy of the proposal map along with other documents in support of the prayer for sub-division to the Deputy Commissioner, South Andaman 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. )