Calcutta High CourtWPA/941/2023disposed

M A Mohan v. The Andaman And Nicobar Administration And Others

2023-10-17Hon'Ble Justice Suvra Ghosh2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/941/2023 M.A. Mohan Vs.

The Andaman And Nicobar Administration And Others Mr. K.M.B Jayapal ... for the petitioners Mr.V.D.Sivabalan ... for the respondents October 17, 2023 [SR] Item No.4 Heard learned counsels for the parties.

Learned counsel for the respondents produces the order sheets of R.C.No.1621/2022 which demonstrate that the petitioner's son was present before the authority and made his submission when the matter was heard on 07.09.2023. The order impugned was passed on 08.09.2023. The said fact has not been denied or disputed by the petitioner. The order impugned is amenable to appeal under Regulation 28 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966.

The petitioner seeks liberty to prefer an appeal against the said order in terms of the said Regulation. The petitioner has filed an application under Regulation 35 before the Tehsildar, Port Blair, being the third respondent herein, and seeks a direction upon the said respondent to consider the application at the earliest.

Upon consideration of submission made on behalf of the parties, the writ petition is disposed of directing the third respondent to consider and dispose of the application submitted by the petitioner under Regulation 35 on 14.09.2023 within two weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law. The petitioner is at liberty to prefer an appeal against the order impugned dated 08.09.2023, in accordance with Regulation 28 of the Regulation of 1966.

The writ petition being WPA/941/2023 is accordingly disposed of. There shall, however, be no order as to costs. Since affidavit has not been invited, the allegations made in the writ petition are deemed not to have been admitted. Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

( Suvra Ghosh, J. )