J.Sasi Kumar v. The Deputy Commissioner And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/974/2023 J.Sasi Kumar Vs.

The Deputy Commissioner and another Mr. Arul Prasanth ... for the petitioners Mr.V.D. Sivabalan ... for the respondents October 17, 2023 [SR] Item No.7 The petitioner claims to be the recorded tenant of the plot in question and submits that he was granted quarrying permit by the Assistant Commissioner (Settlement) on October 09, 2020. By an order passed on 20th July, 2021, the Deputy Commissioner, South Andaman District, slapped a fine of Rs.16,00,000/- upon the petitioner on the allegation of illegal mining, without granting any opportunity of hearing to the petitioner.

The petitioner filed an application before the authority on 30th August, 2021 seeking review of the penalty imposed upon him. The said application is yet to be considered. The petitioner prays for a direction upon the authority to consider the application at the earliest.

The learned counsel for the respondents submits that the first respondent be directed to consider the application dated 30th August, 2021, in accordance with law.

In view of the above, the writ petition is disposed of directing the first respondent to consider and dispose of the representation submitted by the petitioner dated 30th August, 2021 within four 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 decision taken by the authority shall be communicated to the petitioner within a week thereafter. The writ petition being WPA/974/2023 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. )