Probir Kumar Das v. The Andaman And Nicobar Administration And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/923/2023 Probir Kumar Das Vs.

The Andaman and Nicobar Administration and others Mr. C.Mano ... for the petitioner {on behalf of Mr. KMB Jayapal] Mr. V.D.Sivabalan ... for the respondents September 25, 2023 [SR] Item No.17 The instant writ petition is taken out alleging inaction on the part of the respondent authorities in not effecting the mutation in survey no.38 measuring 0.02 hectares at village South Point, under Port Blair Tehsil, District of South Andaman. The said application is filed on 16th August, 2023, which, according to the petitioner contained all the requisite documents required for effecting such mutation. The learned counsel appearing for the respondent showed his inability to apprise the court as to whether any steps have been taken in this regard in absence of instruction from the concerned department.

Be that as it may, the moment an application is made, it is the duty of the authority to take a decision thereupon and should not keep the same in suspended animation for all time to come.

The writ petition is thus disposed of directing the respondent no.2 to consider the application/representation filed by the petitioner within two months from the date of

communication of the order upon giving an opportunity of hearing to all the interested persons by recording of proper reasons in accordance with law.

No order as to costs.

Urgent Photostat certified copies of this order, if applied for, be made available to the parties subject to compliance with requisite formalities.

( Harish Tandon, J. )