Naresh Halder v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/1014/2023 Naresh Halder Vs.

The Andaman and Nicobar Administration and others Ms. G. Mini ... for the petitioner Mr. V.D. Sivabalan ... for the respondent November 23, 2023 [SR] Item No.7 1.

This writ petition is directed against the notice dated 19th October, 2023 by which the Assistant Commissioner (HQ) has informed the writ petitioner that in view of pendency of the review petition filed under section 34 of Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, before the Secretary (Revenue) for de-sealing of stone crusher unit of the writ petitioner by the Deputy Commissioner.

2.

The learned counsel for the writ petitioner submits that the present Secretary (Revenue) was the Deputy Commissioner who had decided the matter against the writ petitioner and the said order was assailed in an earlier writ petition.

3.

In the earlier proceeding the order of the Deputy Commissioner was set aside and the matter was ultimately decided by the Secretary (Revenue) on 25th August, 2023 in favour of the petitioner. The present incumbent to the office is in fact the Deputy Commissioner who had earlier decided the matter against the present writ petitioner apprehending the bias and prejudiced, a prayer has been made and the review petition may be considered by another Secretary.

4.

In view of the aforesaid and having regards to the fact, the present incumbent to the office earlier have decided the matter against the writ petitioner, I direct the Chief Secretary to consider the review application and disposed of the same on merits within a period of eight weeks from the date of communication of this order by either of the parties.

5.

I make it clear that the review application shall not be entertained unless there is a mistake or error apparent on the face of the record or it is necessitated by a reason of

discovery of new and important matter or evidence which, after exercise of due diligent was not within his knowledge or could not be produced by the review applicant at the time when the order was passed by the Secretary (Revenue). The review applicant cannot seek rehearing of the matter on merits under the garb of review. 6.

The Chief Secretary is directed to take into consideration the aforesaid factor which is implicit in regulation 34(2) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966. The aforesaid direction is passed since I could not get any satisfactory answer as to who would be the other competent authority to decide the said review petition. 7.

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

8.

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

( Soumen Sen, J. )