Abdul Shabir v. The Deputy Commissioner And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/946/2023 Abdul Shabir Vs The Deputy Commissioner and Others Mr. Rakesh Pal Gobind ... for the petitioner Mr.Dibesh Dwivedi ... for the respondent nos.1&2 Ms.A.S.Zinu ... for the respondent no.3 October 10, 2023 [SR] Item No.4 Heard learned counsels for the parties.

It is submitted on behalf of the petitioner that alleging encroachment of government land by the private respondent no.3, the petitioner approached the Tehsildar, Ferrargunj Tehsil, the second respondent herein, who, upon receipt of the report submitted by the concerned Area Patwari, upon demarcation of the plot in question initiated a Revenue Case No.119/2023 and directed stoppage of all on-going construction activities upon the subject land and vacating the government land. Learned counsel for the petitioner submits that no further step has been taken by the authorities since then and the revenue case is still pending.

Learned counsel for the private respondent submits that no opportunity of hearing was granted to the private respondent at the time of survey of the plot in question. Learned counsel for the respondent nos.1 and 2 submits that the second respondent be directed to dispose of the matter, in accordance with law.

In view of the above, the writ petition is disposed of directing the second respondent to dispose of the case being

R.C.No.119/2023 within three months from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the writ petitioner and the private respondent, in accordance with law. It is made clear that this Court has not gone into the merits of the case and the authority shall be at liberty to deal with the case on its own merits without being influenced by any observation which may have been made in this order. The writ petition being WPA/946/2023 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. )