Sefali Rani Sil v. The Lieutenant Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/1006/2023 Sefali Rani Sil Vs.

The Lieutenant Governor and others Mr. Ananda Halder ... for the petitioner Mr. V.D.Sivabalan ... for the respondent Nos.1 to 5 November 23, 2023 [SR] Item No.3 1.

In spite of service, the Forest Department is not represented.

2.

During the year 1983, the writ petitioner was allotted a hilly land bearing survey No.1/2 measuring an area of 2.02 hectares situated at Wandoor Village under Ferrargunj Tehsil, South Andaman District.

3.

The petitioner alleged that some portion of the allotted land has been taken over by erecting boundary wall by the Forest Department and presently under the occupation of the Forest Department whereas the survey stone was laid by the Revenue Department since allotment. 4.

The petitioner is claimed to have been paying the revenue as applicable in respect of the land in question. 5.

It appears that a detailed representation has been made to the respondent authorities ventilating grievance of the petitioner. The petitioner is a widow. It appears that the issue is pending for long.

6.

The petitioner is able to prima facie establish her right over the land in question and the document of the revenue department would show that the said land belongs to the revenue department and not a forest land. 7.

Under such circumstances, I direct the Chief Secretary, Andaman and Nicobar Administration, Port Blair to dispose of the representation dated 10th October, 2023 (Annexure p-18) within a period of 12 weks from the date of communication of this order by giving reasonable

opportunity of hearing to the petitioner and pass a reasoned order. The revenue department and the forest department are directed to produce all relevant record in respect of the property in question. The reasoned order shall be communicated within a week from date of passing of the order.

8.

Since no affidavit is called for, the allegations made in the writ petition are deemed to have been not admitted. 9.

The writ petitioner stands disposed of. However, there shall be no order as to costs.

10.

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

( Soumen Sen, J. )