Venkateshwar Rao v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/968/2023 Venkateshwar Rao Vs.

The Andaman and Nicobar Administration and ors. Mr. K. M. B. Jayapal ... for the petitioner Ms. Babita Das ... for the Administration Mr. Lokesh Chezian ... for the pvt. Respondent November 22, 2023 [SR] Item No.7

1. Mr. KMB Jayapal, learned counsel appearing for the writ petitioner submits that, notwithstanding the fact that the suit is pending concerning the land in question, the Tehsildar has issued a notice for demarcation of the land.

2. The learned counsel for the private respondent, however, disputes the said submission and has submitted that the demarcation in respect whereof the notice has been served is unconnected with the suit land. The said land has already been settled in the name of the private respondent.

3. I direct the Tehsildar to ascertain whether the notice of demarcation dated 03.07.2023 includes the land forming the subject matter of the suit.

4. Mr. Jayapal has submitted that in fact an application for injunction is pending before the learned Trial Court concerning the land in question.

5. In the absence of any order of injunction from any court restraining the Tehsildar to proceed with the demarcation of the land forming the subject matter of

the the notice of demarcation, the Tehsildar may proceed with the demarcation in accordance with law.

6. I make it clear that I have not decided whether the notice of demarcation issued by the Tehsildar dated 3rd July, 2022 includes the land forming the subject of the suit or unconnected with the suit property.

7. The writ petition is disposed of in the above terms; however, there shall be no order as to costs.

8. Urgent certified photostat copy of this order, if applied for, be supplied to the parties, upon compliance of usual formalities.

( Soumen Sen, J. )