Khatiza Begum v. The Deputy Commissioner And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/943/2023 Khatiza Begum Vs.

The Deputy Commissioner and another Mr. Gopala Binnu Kumar Ms. Vinita Devi ... for the petitioner Mr. V.D.Sivabalan ... for the respondents September 22, 2023 [SR] Item No.8 The petitioner is aggrieved by an inaction on the part of the respondent no.1 in not concluding the hearing by passing a final order.

A writ petition was moved before this Court, being WP/147/2018, by the sister-in-law of the petitioner raising grievance that the representation filed by her has not been attended to nor disposed of by the authority. The dispute pertains to the mutation of her name in the licence issued by the authority in relation to the house situated within Port Blair.

The Court directed to dispose of the said representation upon giving a notice to all concerned parties within a time frame.

The petitioner claimed herself to be one of the interested party and, in fact, participated in the hearing upon being served with the notice and the report would reveal that the hearing was concluded in the year 2020. Till date, the final order has not been passed by the respondent no.1.

I am given to understand by the respective counsel that the officer, who was posted as Deputy Commissioner at such relevant point of time, is no longer holding the said post and a new incumbent has joined therein.

Since the Court directed the hearing to be afforded to all the interested persons in order to secure the disposal of the said representation, the opportunity of giving hearing cannot be avoided. Since the new incumbent has joined, to the said post and therefore this Court feels it necessary that the incumbent must give a notice to the persons who appeared before the erstwhile Deputy Commissioner and afford an opportunity of hearing to them and shall dispose of the said representation within four weeks from the date of communication of this order on the basis of the documents available on record and the evidence, if any recorded of the parties on assigning proper reasons.

With the above directions, the writ petition is, thus, disposed of. 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. )