Rajesh Chander v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/1001/2023 Rajesh Chander Vs.

The Andaman and Nicobar Administration and Others Mr. K. M. B. Jayapal .... for the petitioner Ms. Babita Das ... for the Administration March 13, 2025 [SR] Item No.10 1.

The order of the Tehsildar dated 24th October, 2016 in which it is recorded that Shri Ram Chander and three others had applied for surrender and based on that the Tehsildar accepted the said offer unconditionally is being challenged in the writ petition.

2.

An affidavit-in-opposition is filed on behalf of the respondent authorities disclosing certain reports. However, the applications claim to have been filed by the petitioners voluntarily surrendering the land for the purpose of roads/pathway has not been disclosed.

3.

The regulation provides that it has to be on basis of the application for surrender. In fact the order of the Tehsildar had also recorded that "the petitioners had applied for surrender of land". In absence of any application being disclosed, I am inclined to accept the submission made on behalf of the petitioners.

4.

The order of the Tehsildar dated 24th October, 2016 is set aside. However, there shall be no order as to costs. 5.

Learned counsel for the Administration has submitted that the original record is not traceable. In the event, it is subsequently found out that the applications were in fact filed on which the Administration had acted upon, liberty is given to the Administration to file application for recalling of this order and on a satisfaction being recorded that the application in fact was filed, the court may initiate proceeding against the present writ petitioner.

6.

Accordingly, WPA/1001/2023 stands disposed of. ( Soumen Sen, J. )