S.Gopinathan v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/1018/2023 S. Gopinathan Vs.

The Andaman and Nicobar Administration and others Ms. G. Mini ... for the petitioner Mr. V.D.Sivabalan ... for the respondents November 24, 2023 [SR] Item No.6

1. The petitioner is aggrieved by reason of non identification and/or non fixation of boundary of the recorded land of the petitioner despite demarcation having been conducted on several occasions over the past two decades.

2. The petitioner has alleged that because of the pendency of the pendency of the proceeding, dispute arose with the neighbouring plot holders. The demarcation reports prepared over a period of time are contradictory and self conflicting. The petitioner has referred to various representations made in this regard.

3. Ms. Mini has referred to the last representation made by the petitioner addressed to the Deputy Commissioner, South Andaman on 20th July, 2023.

4. The grievance is that the said representation has not been considered by the authorities concerned. The petitioner has referred to few orders wherefrom it appears that the Patwari found that the petitioner to

be in possession of the property in land bearing survey no.50 situated at South Point Village and the demarcation fee was levied.

5. In view of the nature of the dispute, I dispose of this writ petition by directing the Deputy Commissioner, South Andaman to consider and dispose of the representation received by the said office on 20th July, 2023 (Annexure P-6) within a period of six weeks from the date of communication of this order, after giving reasonable opportunity of hearing to the petitioner and to any other persons who may be interested in the said proceeding and shall dispose of the said representation by a reasoned order which shall be communicated to the petitioner within a week from the date of passing of such order.

6. With the above observation and direction, the writ petition is disposed of, however, there shall be no order as to costs.

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

( Soumen Sen, J. )