Shri M.Raja Rao v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/911/2023 Shri M. Raja Rao Vs.

The Andaman and Nicobar Administration and others Mr. KMB Jayapal ... for the petitioner Mr. V.D. Sivabalan ... for the respondents August 24, 2023 [SR] Item No.15 The petitioner seeks implementation of the order dated 29th March, 2023 passed by the Tehsildar, Port Blair allegedly in compliance of the direction passed by this court in WP No. 65 of 2019 on 25th March, 2019. The said order was passed upon hearing all the necessary parties. Direction was passed by the Tehsildar to remove the illegal occupation over an area of 0.0017 hectares out of the land bearing survey no. 5A/1/7 measuring total area 0.0055 hectares situated at Haddo village recorded in favour of the petitioner Shri. M. Raja Rao, S/o Simadri on or before 02nd April, 2023 failing which the Revenue Inspector (Circle-2) will take steps for removal on 03rd April, 2023.

It has been submitted by the learned advocate representing the petitioner that the said order has not been appealed against by any party till date.

There is no proof of service of the writ petition on the private respondent.

The learned advocate for the petitioner is granted leave to file affidavit of service in course of the day. In view of the order that I propose to pass, the private respondent will not be prejudiced in any manner whatsoever. There is nothing on record to suggest that the order dated 29th March, 2023 has been varied, vacated, set aside or modified by any competent forum. Such order has attained finality by now.

In view of the above, the Tehsildar is directed to take steps for implementing the order dated 29th March, 2023 upon giving an opportunity to the private respondent to remove the illegal occupation over the subject land. The submissions made on behalf of learned advocate representing the official respondents is taken note of that a Title Suit is pending consideration between the parties. On perusal of the schedule mentioned in the plaint of the Suit, it appears that the Suit plot which is involved in the Title Suit is different from the subject plot over which the order has been passed by the Tehsildar. Accordingly, the Title Suit appears not to be connected with the subject plot involved in the present writ petition.

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. )