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Calcutta High CourtWPA/921/2022disposed

Shri Gouranga Majhi And ORS. v. The Deputy Commissioner And ANR.

2022-12-22Hon'Ble Justice Rajasekhar Mantha2 pages

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/921/2022 Shri Gouranga Majhi and others ... Petitioners Vs.

The Deputy Commissioner and another ... Respondents Mr. Ananda Halder ...for the petitioner Mr. A.S. Kumar .

... for the respondents December 22, 2022 [SR] Item No.13 The petitioner is aggrieved that the Tehsildar, Rangat Tehsil, Middle Andaman and the Deputy Commissioner, North and Middle Andaman District, Mayabunder has only complied in part, with a consent decree passed by learned Civil Judge ( Senior Division), Mayabunder in T.S. No.29 of 2013.

It is submitted that only mutation has been effected in favour of the petitioners and sub-division of the land between the petitioners has not yet occurred.

In those circumstances, the Tehsildar, Rangat Tehsil, Middle Andaman and the Deputy Commissioner, North and Middle Andaman District, Mayabunder shall re-examine the entire case records, previous title, land in question and also as to whether there has been any fraud perpetrated by the parties, before effecting any sub-division in favour of the petitioners.

In course of such examination, mutation already effected in favour of the petitioners shall be re-examined. Let a decision be taken by the Deputy Commissioner, North and Middle Andaman District, Mayabunder within a period of four months from date of communication of a copy of this Order.

WPA/921/2022 stands disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )